HomeMy WebLinkAboutpitkin.planning.273728300009 (2006)(2) DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
PARCEL ID: 2737-283-00-009, DATE RCVD: 1 1/17/2006 #COPIES: 16 CASE NO P013-O6
CASE NAME: Black Diamond Land Development Corp. GMQS Competition for Additional Planner Suzanne Wolff
PROJ ADDR: 10 Popcorn Ln S-T-R 28-10-84
OWN/APP: Black Diamond Land ADR 1001 Arspahoe St. Ste C/s/z: Denver,CO 80202 PHN:
REP:'IGrafton Smith ADR: 0187 W. Lupin Dr. C/SIZ: Aspen,CO 81611 PHN:925-7120
Email Addr: ALLOCATED HOURS: 18
FEES DUE: 55,462 FEES RCVD:$5,462#20981 %OVER: 21 6
REFERRALS County Engineer,Aspen Fire, East Aspen Caucus,Open Space&Trails,Historic Presentation Officer
REF: 1/25/2006 BY bj DUE: 2/17/2006
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 4/26/2006
4/4/2006 P&z Yes 2/26/2006 BOCC Reso: 046-2006#524067
F— 80CC I na F —
ram— BOCC Ord:
REMARKS covenants#5367431/ no vesting no recorded plats PZ: IO2-2006#524171
HRG OFF:
CLOSED: 5/23/2006 BY: I bj HO INDEX:
ADMIN: �—
PLAT RECORDED F— PLAT(BK,PG): ni a ADMIN INDEX:
VR APPROVAL DATE:�— VR EXPIRES:
CASE TYP- GMQS Competition CASE TYP5:
CASE TY CASE TYPE: F
CASE TYP3: CASE TYP7:
CASE TYP4: Date Scanned: 11/16/10
File Location: FF Box#25a
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PTTKIN COUNTY,
COLORADO,FORWARDING THE 2006 RURAL GROWTH MANAGEMENT QUOTA SYSTEM
SCORES FOR ADDITIONAL FLOOR AREA TO THE
BOARD OF COUNTY COMMISSIONERS
Resolution No.PZ(�P— -2006
RECITALS
1. On April 4, 2006,the Planning and Zoning Commission("Commission")held a duly noticed public
hearing, at which time evidence and testimony were presented with respect to the Rural and Growth
Management applications.
2. The Commission reviewed the following applications for the 2006 Rural Area GMQS competition for
additional floor area:
• Elm Point Industrial LLC: requesting an additional 2,500 square feet of floor area for a
property located on Elk Creek Road(via Capitol Creek Road) and is described as Tract 7, J.H.
McCabe Ranch Tracts.
• Black Diamond Land Development Corporation: requesting 5,000 square feet of additional
floor area in order to develop a total of up to 10,750 square feet of floor area in two single family
residences—one new and one historic.The property is located at 10 Popcorn Lane, and is
described as a Tract of land situated in the SW/4 SWY< of Section 28, Township 10 South,Range
84 West of the 6'P.M.
• Independence Land LLC: requesting 5,000 square feet of additional floor area in order to
construct a single family residence of up to 10,750 square feet of floor area. The property is
located at 41 Popcom Lane and is described as a parcel of land located in the SWl/4 SWIA of
Section 28,Township 10 South,Range 84 West,of the 6'P.M.
• Popcornland LLC: requesting 2,500 square feet of additional floor area in the Rural Area in
order to construct a residence of up to 8,250 square feet of floor area. The property is located at
170 Popcorn Lane and is described as a parcel of land located in the SW 1/4 SW IA of Section 28,
Township 10 South,Range 84 West,of the 6"P.M.
3. There were 25,000 square feet available in the Rural Area for the first round of competition for
additional floor area. The Applicants requested a total of 15,000 square feet.
6. The Commission scored the applications as follows:
• Elm Point Industrial LLC: 58 points
• Black Diamond Land Development Corporation: 52 points
• Independence Land LLC: 56 points
• Popcornland LLC: 54 points
The applications met the minimum threshold score of 48 points AND achieved the minimum threshold
score for each scoring category,as required to be eligible for an allotment.
NOW,THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2006
Rural Area GMQS scores for additional floor area to the Board of County Commissioners.
APPROVED AND ADOPTED on the 4'day of April, 2006.
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Resolution No.PZ_&2006
Page 2
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY,COLORADO
P er mas, hairman
Date
ATTEST:Bonnie Waechtler
Administrative Assistant
APPROVED AS TO APPROVED AS TO CONTENT:
John Ely Cindy' u en
County Attoyn j Community Development Director
i
P012-06(Elm Point Industrial LLC)264505404007
P013-06(Black Diamond Land Development Corp)272728300009
P014-06(Independence Land LLC)273728300610
P015-06(Popcornland LLC)273728300019
524171
I IIIIII IIIII IIIIII III IIIIIIII IIII IIIIII III IIIII IIII IIII 0 5917 D 0.00 4.02E
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JANICE K VOS CAUDIL
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M �
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,ALLOCATING 2006 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL
FLOOR AREA
Resolution No.9-2006
RECITALS
1. On April 4,2006,the Planning and Zoning Commission("Commission") held a duly noticed public
hearing,at which time evidence and testimony were presented with respect to Rural Area Growth
Management applications.
2. The Commission reviewed the following applications for the 20116 Rural Area GMQS competition for
additional floor area:
• Elm Point Industrial LLC: requesting an additional 2,5010 square feet of floor area for a
property located on Elk Creek Road(via Capitol Creek Ro:td) and is described as Tract 7,J.H.
McCabe Ranch Tracts.
• Black Diamond Land Development Corporation: requesting 5,000 square feet of additional
floor area in order to develbp a total of up to 10,750 squart feet of floor area in two single family
residences—one new and one historic. The property is located at 10 Popcorn Lane, and is
described as a Tract of land situated in the SW'IA SW'IA of'iection 28,Township 10 South, Range
84 West of the 6th P.M.
• Independence Land LLC: requesting 5,000 square feet of additional floor area in order to
construct a single family residence of up to 10,750 square feet of floor area. The property is
located at 41 Popcorn Lane and is described as a parcel of land located in the SWl/4 SWI/4 of
Section 28,Township 10 South,Range 84 West, of the 6" P,M.
• Popeornland LLC: requesting 2,500 square feet of addit onal floor area in the Rural Area in
order to construct a residence of up to 8,250 square feet of floor area. The property is located at
170 Popcorn Lane and is described as a parcel of land loci ted in the SW 1/4 SW IA of Section 28,
Township 10 South,Range 84 West, of the 6"P.M.
3. There were 25,000 square feet available in the Rural Area for the competition for additional floor area.
The applicants requested a total of 15,000 square feet.
4. The Commission scored the applications as follows:
• Elm Point Industrial LLC: 58 points
• Black Diamond Land Development Corporation: 52 po nts
• Independence Land LLC: 56 points
• Popeornland LLC: 54 points
5. All of the applications met the minimum threshold score of 48 points AND achieved the minimum
threshold score for each scoring category,as required to be elig ble for an allotment.
6. Pursuant to Section 4-60-060 of the Code,the Commission's!cores were forwarded by resolution to
the Board of County Commissioners (`BOCC") on April 12, ::006.
7. No appeals of the Commission's scores were filed within the equired 14 day appeal period.
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Resolution No.a20d6 *�
Page 2
NOW,THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of
15,000 square feet of floor area to be divided among the following I iroperties as shown for the 2006 Rural
Area GMQS competition for additional floor area:
• Elm Point Industrial LLC: 2,500 square feet
• Black Diamond Land Development Corporation: 5,000 square feet
• Independence Land LLC: 5,000 square feet
• Popcornland LLC: 2,500 square feet
This allocation is conditioned upon recordation of a covenant docut tenting the representations made in the
application for the additional square footage. This covenant shall t e reviewed and approved by
Community Development Department and recorded against the pro terry, prior to issuance of a building
permit to utilize the awarded floor area.
APPROVED AND ADOPTED ON THE 26°day of April,2006.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By----z
rAT`fEST: Mick I-eland Chair
I
Date_
Am,
Je ette Jones
C rk to the BOCC
APPROVED AS TO FORM: APPRO'% ED AS TO CONTENT:
John Ely, ;indy He uben,
County Attomey / Commun ty Development Director
P012-06(Elm Point Industrial LLC)264505404007
P013-06(Black Diamond Land Development Corp)272728300009
P014-06(Independence Land LLC) 273728300610
P015-06 (Popcornland LLC) 273728300019
524067
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JRNICE KIVOS CRUOILL PITKIN COUNTY CO R 0.00 0 90
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Suzanne Wolff, Senior Planner*0
RE: Black Diamond Land Development Corporation Rural Area GMQS Application for
Additional Floor Area
DATE: April 4, 2006
SUMMARY OF REQUEST: The Applicant is requesting 5,000 square feet of additional floor area in
excess of the 5,750 square foot exemption available to a pre-1978 parcel for a total of 10,750 square feet of
floor area on the parcel. The total floor area will be divided between the designated historic residence,
the A.R. Smith Cabin, and the proposed new residence.
APPLICANT: Black Diamond Land Development Corporation
REPRESENTATIVE: Grafton Smith
LOCATION: 10 Popcorn Lane, east of Aspen
ZONING/LOT SIZE: The parcel is zoned AFR-10 and contains 3.983 acres.
BACKGROUND: The Hearing Officer designated the historic cabin to the County's Historic Inventory,
and granted 1041 hazard review, conceptual submission, scenic overlay, special review approval and
GMQS exemption for an additional single family residence, pursuant to Determination No. 15-2003. The
1041 site plan was recorded in Plat Book 65 at Page 89. The approval states, "The maximum floor area
of 10,750 square feet may be divided between the two structures in any manner the Applicant desires,
provided however, that the main residence shall contain no more than 8,250 square feet of floor area, and
the expanded historic cabin shall contain no more than 3,250 square feet of floor area." A Covenant was
recorded as Reception #490535 to memorialize the agreement to maintain the historic cabin and limit
future expansion of the cabin as specified in the approval. The restoration and expansion of the cabin up
to 3,250 square feet of floor area has been completed. The Community Development Director recently
approved an amendment to the original approval pursuant to Administrative Decision No. 21-2006 in
order to allow the addition of 500 square feet for a garage for the historic cabin, which counts towards
the 10,750 square foot maximum floor area for the parcel. The Community Development Director also
approved an accessory envelope for the ISDS for the historic cabin pursuant to Administrative Decision
48'2003;the amended site plan was recorded in Plat Book 67 at Page 69.
The Community Development Director has approved several Lot Line Adjustments involving the Black
Diamond parcel, pursuant to Administrative Decision Nos. 14-2004, 43 2004 and 14-2005, with the most
recent lot line adjustment plat recorded in Plat Book 74 at Page 65.
PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the
Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the
development applications. Upon receipt of the Planning Commission resolution forwarding the scores or
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subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development
allotments to the eligible applicants.
REFERRAL COMMENTS: Referral comments from Aspen Fire and Open Space and ,trails are attached.
The application was referred to, but comments were not provided by,the East Aspen Caucus and the County
Engineer.
STAFF COMMENTS
RURAL AREA GROWTH MANAGEMENT QUOTA SYSTEM(GMQS)ALLOTMENTS FOR ADDITIONAL
FLOOR AREA(SECTION 9-120):
An annual ceiling of 25,000 square feet of floor area is available in the Rural Area for existing or approved
development to obtain additional floor area. Four applicants have applied for a total of 15,000 square feet
of floor area.
Staffs recommended scoring for this project is attached. Please note that a development must receive a
minimum score of 48 points AND meet or exceed the minimum threshold for each of the individual scoring
categories. Staff has recommended a score of 52 points for this application, which exceeds the minimum
score required.
EAST OF ASPEN/INDEPENDENCE PASS MASTER PLAN: The parcel is located in the Tagert West Planning
Area in the East of Aspen/Independence Pass Master Plan. The Plan supports the existing AFR-10 zoning
in this area, and includes a goal/objective to"Permit home size above 5,750 square feet in the Tagert Lake
West NPA to parcels where visual and environmental quality can be maintained." It is staffs opinion that
this request for additional floor area complies with this goal,as specified in the attached scoring.
ATTACHMENTS:
A. Staffs recommended scoring
B. Open Space and Trails
C. Aspen Fire
Application provided separately
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ATTACHMENT A
RURAL AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR
ADDITIONAL FLOOR AREA
STAFF'S RECOMMENDED SCORING
NAME OF PROJECT: Black Diamond Land Development Corporation DATE: 4/5/06
9-120-032 Availability and Appropriateness of Public and Private Facilities and Services
The Planning and Zoning Commission shall consider each application's impact upon public facilities and
services and rate each development by assigning points according to the following system (minimum
threshold score five (5) points; maximum score ten (10) points); no multiplier):
Score of 0- Indicates one of the following: a)total impracticality of providing services due
to availability, quality, distance or route, and/or the development is detrimental to the existing
level of service in the area; or b)the introduction of public or private facilities and/or urban
services is likely to result in a fundamental change to the community character of the area and/or
a fundamental change in the type of historical use of the property; or c)the introduction of public
or private facilities and/or urban services is likely to result in a detriment to the environmental
condition of the property or adjacent properties.
Score of 1 - Indicates all of the following: a)an acceptable level and type of service meeting
the needs of the development and standards of the Code; b)the provision of services will not
fundamentally change the character of the area in which the proposed development is located: and
c)the provision of the services will not result in a significant detriment to the environmental
condition of the property or adjacent properties.
Score of 2 - Indicates a level and type of service meeting the needs of the development based
on the requirements of the Code and helping to satisfy an existing need of the surrounding area.
Also indicates that the provision of services will not change the character of the area in which the
development is located or detrimentally affect the environmental condition of the property or
adjacent properties.
A. Water Service(0-2 points):
I. Capacity, quality and reliability of the water system proposed to serve a development;
2. The demonstration of adjudicated water rights to serve the development;and
3. The capability to attain any necessary water through an augmentation plan.
Maximum Score 2 Score: I
COMMENT: There is an existing well on the property hat services the existing residence the well
permit for this well allows it to be the source for two single-family residences. There is a second
monitoring well that has been installed to assure water volume and quantity in anticipation of obtaining
approval for a second domestic well for the additional residence. Use of the second well for domestic use
is included in a plan for augmentation submitted by the-Morningstar Properties Owners' Association",
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which has been submitted to the Water Court with a decree anticipated by the end of the year. The plan
also includes a request for iunior water rights and storage rights for ponds and irrigation. To allow for re-
vegetation efforts this spring and until such time as the above augmentation plan is implemented a
Temporary Substitute Supply Plan has been submitted for approval with the State of Colorado. Both plans
allocate water for use in common area irrigation the re-vegetation and reclamation of disturbed areas and
storage for fire emergencies all of which will not only benefit the property, but adjacent properties and
the surrounding area as well Staff finds that a score of 2 is not appropriate since the well only serves the
parcel and does not help to satisfy an existing need of the surrounding area and the Applicant is only a
party to improvements associated with the proposed augmentation plan that benefit all of the property
owners.
B. Sewer(0-2 points): The type and capability of the sewage disposal system proposed to meet the
needs of a development and to dispose of wastes without impact on water quality and in a reliable
manner.
Maximum Score 2 Score: I
COMMENT: The existing residence is served by an individual sewage disposal system that was permitted
and installed in 2005 The Applicant commits to install a new ISDS for the new residence. Staff finds that a
score of 2 is not appropriate since the proposed sewage disposal system will not help to satisfy an
existing need of the surrounding area.
C. Storm Drainage(0-2 points):
I. The degree to which an applicant proposes to maintain historic runoff patterns and to
retain the surface water resulting from development on-site.
2. If a development requires use of the County's drainage system, considering the
commitment of an applicant to install necessary drainage control facilities and to maintain
the system on a long term basis.
Maximum Score 2 Score: I
COMMENT: The Applicant commits to maintain historic runoff patterns by diverting or daylighting
drainage to dry wells and/or catchment basins The driveway will be crowned or sloped in such a way as to
insure that runoff will flow to permeable soils or"catchment basins" and thereby retained on the property.
The Applicant states that the twoponds/water features proposed as part of the water augmentation plan
will serve as a catch basins for surface runoff from the property and the surrounding neighborhood,
helping retain surface runoff on the propertv and allowing for the settlement of any sediments present
before reaching the river, which "will meet the need of the area by acting as a passive community water
treatment facility" The Applicant has not provided a plan to demonstrate that these water features will
serve this purpose The Applicant states that a detailed Drainage and Erosion Control Plan will be
submitted prior to the issuance of a Building Permit and that silt fences will be installed and maintained
during construction to protect the surrounding vegetation Staff finds that a score of 2 is not appropriate,
as the Applicant has not demonstrated that the improvements will help to satisfy an existing need of the
surrounding area with regard to drainage.
2
OUOD08
D. Fire Protection (0-2 points):
I. Capability of the appropriate Fire Protection District to provide fire protection according
to established response standards without establishing a new station, adding equipment or
personnel, or making capital improvements;
2. The adequacy of water pressure and capacity for providing fire-fighting flows;
3. The commitment of an applicant to provide fire protection facilities necessitated by a
development, including, but not limited to, fire hydrants, water storage tanks, ponds and
distribution links;
4. The capability of the Fire District to provide adequate service based upon site design of a
development and reliability of the proposed water system.
5. The capability of a development to be a self-sufficient fire protection system in the event
response times from the fire district are too slow to protect a development.
Maximum Score 2 Score: 2
COMMENT: The property is within the Assn Fire Protection District("AFPD"). The Applicant notes
that there have been residences/structures on-site for years and therefore that the proposed development will
not place additional demands on the District's resources The Applicant states that sprinklers will be installed
within the new residence if required and that the roof will be constructed of non-combustible materials. The
Applicant will comply with the County's wildfire mitigation standards The Applicant has already
aarticipated in the construction of a holding pond and installation of an underground tank, which together
can supply in excess of 70,000 gallons of water for fire-fighting purposes and the installation of two dry
hydrants on Popcorn Lane to provide firefighters access to the water. An emergency"grass block" lane
connecting the end of Popcorn and Difficult Lanes was specially constructed to allow fire equipment to
access the emergency wab-r supplies and return to Highway 82 without having to turn around. Ed Van
Walraven Fire Marshal for the Aspen Fire Protection District "acknowledges the great benefit that the
installation of the pond tank and attached dry hydrants represents to our fire fighting capabilities in the
East Aspen Difficult Campground Independence Pass area We well be able to tap these resources for
responses to both house and wildfire emergencies." The Applicant commits for five years to pay for
maintenance and expense of the 911 phone service to the emergency phone that the Applicant's neighbor
has committed to install in the island between Highway 82 and the access road to Difficult Campground,and
will lead efforts to have an appropriate government agency take over monitoring and management and to
whom then all the funding will given Mr.Van Walraven also notes the benefit of the continued finding of
the emergency phone Staff finds that a score of 2 is appropriate as the improvements will help to satisfy
an existing need of the surrounding area.
E. Road System (0-2 points):
I. Capability of the public road network to provide for the needs of a proposed development
within acceptable levels of safety and design, as defined by the Pitkin County Road
Management& Maintenance Plan;
2. Capability of the public road network to provide for the needs of the proposed
development without exceeding the capacity of the existing road network, as defined by
the County Engineer.
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3. Applicant's commitments to finance necessary road system improvements attributable to
a proposed development; and
4. Ability to perform any necessary road improvements without resulting in a fundamental
change in the character of the area or neighborhood in which the development is
proposed.
Maximum Score 2 Score: 1
COMMENT: Access to the parcel is provided from Highway 82 via the privately maintained Difficult
and Popcorn Lanes There will negligible additional impact on the county or state road system as a result
of the proposed development The Applicant commits to share in the cost of the dust and PM10
suppression efforts on Difficult and Popcorn Lanes until such time as these are paved or chip and sealed.
Staff finds that the proposal will meet the needs of the development and standards of the Code, but that a
score of 2 is not appropriate as the development will not help to satisfy an existing need of the
surrounding area.
AVAILABILITYAND APPROPRIATENESS OF PUBLIC AND PRIVATE FACILITIES&SERYIC'ES
(Afinimum Threshold Score-$points) Subtotal-6
9-120-033 Effect on the Environment and Resource Conservation
The Planning and Zoning Commission shall consider each application's environmental impacts and
resource conservation measures and rate each development by assigning points according to the following
system (minimum threshold score five (5) points; maximum score ten (10) points; multiplier of two (2)):
Score of 0- Indicates adverse environmental impacts due to an applicant's unwillingness or
inability to mitigate impacts or inadequate mitigation measures proposed by an applicant;
Score of 1 - Indicates no adverse environmental impacts or an applicant's complete
mitigation of impacts or a development exceeding the standards of the Land Use Code.
Score of 2 - Indicates an improvement or enhancement of the existing environment by the
applicant.
A. Air Pollution (0-2 points): The effect of the development on the community's air quality,
including but not limited to whether:
I. Fewer or cleaner woodburning devices than allowed by law will be installed;
2. Existing dirty burning devices will be removed or replaced by cleaner burning devices;
3. Dust prevention measures are employed on the unpaved areas;
4. Any special emission control devices are used;
5. Development proposed utilizes and/or promotes in design and location the use of public
mass transit or other non-vehicular transportation;
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6. Mitigation of PM"'.
Maximum Score 2 Score: 2 x 2= 4
COMMENT: The Applicant also commits to employ dust suppression measures to all driving surfaces
between Highwav 82 and the building site during construction The Applicant will also comply with the
PM, Mitigation Standards and conform to Pitkin County Air Ouality standards To promote the use of
non vehicular traffic the Applicant commits to contribute to Pitkin County Open Space and Trails funds
Sufficient to construct 100 feet of the incomplete section of East Aspen Trail west of Difficult Lane. Gary
Tennenbaum Open Space and Trails Land Steward estimates the value of this donation at $5,000 (based
on current construction costs of$50/linear foot)and acknowledges the benefit this will provide to
improve trail opportunities for visitors and residents If the trail cannot be constructed within two years
from the date of approval OST will use the funds for other projects in the East Aspen area. The
Applicant commits to employing non-out gassing paints and wall surface treatments (plasters, etc.)
instead of regular paint on the interior walls In the short term this will help the construction workers in
the area and in the long term better for the environmental air quality. Staff has recommended a score of 2,
since the Applicant commits not only to mitigate the impacts of the development and exceed the standards of
the Code but also to improve or enhance the existing environment.
B. Water Resources (0-2 points):
I. Extent to which the project will impact surface, groundwater and irrigation supply; and
2. Extent to which the project commits to maintain existing surface, groundwater and
irrigation supply for domestic uses, wildlife uses, vegetation uses and agricultural uses.
Maximum Score 2 Score: I x 2= 2
COMMENT: The Applicant asserts that the additional floor area will not create further impacts on surface,
groundwater and irrigation supply. Staff recommends a score of 1 since the Applicant is not improving or
enhancing the existing environment.
C. Hazards and Site Disturbance/Environmental Impact (0 2 points):
1. A proposed development is free from man-made hazards;
2. A proposed development completely avoids development within one-hundred year
floodplain hazard areas; high hazard avalanche zones: landslide areas; 30% slopes; rock
fall hazard areas; and severe wildfire areas;
3. A proposed development commits to preserve or enhance natural vegetation and terrain
on the site and to revegetate disturbed areas with native vegetation;
d. A proposed development commits to minimize the area of disturbance by limiting the
size of the building envelope(s), road/driveway cuts, etc.; and
5. A development commits to weed management.
Maximum Score 2 Score: l x 2= 2
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COMMENT: The current and proposed development are located outside of the one-hundred year
flood lain The development is free of man-made hazards and avoids high hazard avalanche zones;
landslide areas 30% slopes rock fall hazard areas and severe wildfire areas During the 1041 review in
2003 Arthur Mears determined that the building envelope for the new residence avoids the red and blue
avalanche hazard zones but that the northern edge of the envelope is exposed to powder or air blast from an
avalanche. His recommendations for structural mitigation on the west and north sides of the residence were
included in the 1041 conditions of approval Bruce Collins also indicated at that time that the rockfall hazard
and debris flow hazards are small but not nonexistent his mitigation recommendations were also included as
conditions of approval Disturbed areas will be revegetated During construction,the Applicant will
employ and maintain silt fencing and other barrier materials around the area of construction in order to
protect the surrounding vegetation The Applicant commits to a weed managementgram The
Applicant has removed five structures from the property, all of which were disassembled, reused and/or
recycled to the extent possible and the sites re-vegetated with native materials where appropriate. The
Applicant has proposed to drill a second well adjacent to the new development which avoids trenching for
an eight foot deep water line from the Smith cabin across the property to the new residence Staff has
recommended a score of I since the development will mitigate its impacts but will not improve the existing
environment in the surrounding area.
rea.
D. Energy and Water Conservation/Waste Water Reuse(0-2 points): The extent to which an
applicant proposes to employ:
I. Passive and/or active solar heating and cooling and thermal insulation measures beyond
those required by the Aspen/Pitkin Energy Conservation Code;
2. Water conservation devices and wastewater reuse systems within the development rather
than standard plumbing facilities;
3. Renewable non-polluting energy resources for the primary source of energy for the
development;
4. "Green" and/or high efficiency building materials and "green" technologies; and
5. Reuse of existing construction materials on-site.
Maximum Score 2 Score: 2 x 2= 4
COMMENT: The Applicant commits to meet or exceed the requirements of the Aspen/Pitkin Energy
Conservation Code to use low flow water fixtures that meet or exceed County requirements and to utilize
motion detection devices for external lighting Excavation materials generated through construction will be
utilized to the extent possible in the revegetation of disturbed areas Staff recommends a score of 2, since the
Applicant's commitments will improve or enhance the existing environment and exceed the requirements of
the Energy Code.
E. Conservation Through Construction Management Plan (0-2 points): The extent to which an
applicant proposes a Construction Management Plan to:
I. Limit the number of trips to the site through carpooling, storage of tools on site and other
innovative measures;
2. Limit the amount of fill removed from the site through limited excavation, regrading and
use of the fill on-site; and
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3. Control noise and dust generated during construction.
4. Minimize construction and material waste(i.e., reduce, recvcle and reuse).
Maximum Score 2 Score: 2 x 2= 4
COMMENT: The Applicant commits to implement traffic control measures to limit the number of
construction trip,to control noise during construction to limit the amount of fill removed from the site and
minimize the amount of construction and material waste and to minimize fugitive dust generated during
construction as specified on pages 13 and 14 of the application Staff has recommended a score of 2, since
the Applicant commits to improvements and enhancements beyond what would otherwise be required.
EFFECT ON THE ENVIRONMENT AND RESO URGE CONSERVATION
(dlininiwu Threshold Score- 5 points)
Subtotal without multiplier 8
Subtotal with multiplier 16
9-120-034 Wildlife and Wildlife Habitat Protection
The Planning and Zoning Commission shall consider each application in terms of its impact on wildlife
and wildlife habitat and rate each development by assigning points according to the following system
(minimum threshold score four(4) points; maximum eight(8) points); multiplier of two(2)):
Score of 0- Indicates non-compliance with the policies and standards of the Land Use Code
and adverse impacts to wildlife and/or wildlife habitat due to an applicant's inability and/or
unwillingness to locate the proposed development away from wildlife and/or wildlife habitat.
Score of 1 - Indicates compliance with the policies and standards of the Land Use Code and
minimal impact to wildlife and/or wildlife habitat due to an applicant's avoidance of wildlife and
wildlife habitat and capability to mitigate most impacts, but lack of total avoidance and lack of
total mitigation.
Score of 2- Indicates no adverse impacts to wildlife and/or wildlife habitat due to the
applicant's location of the proposed development away from wildlife and/or wildlife habitat
and/or the complete mitigation of impacts and a development exceeding the policies and
standards of the Land Use Code. Applicants with no wildlife or wildlife habitat on the entire site
shall automatically receive a score of two(2)for each sub-category.
A. Avoidance of Existing Wildlife and Wildlife Habitat. (0 to 2 points.) The extent to which the
proposed development, including the building envelope and other disturbed areas, completely avoids
existing wildlife and wildlife habitat including, but not limited to areas mapped by the Division of
Wildlife on Wildlife Resource Information maps (1041 environmental hazard maps)or areas identified
by the County biologist as: critical winter range: migration corridors; calving areas, waterfowl habitat;
fisheries; riparian areas: wetlands; and/or sage, aspen and oak serviceberry habitat.
Maximum score 2 Score: 2 x 2 =4
000013
COMMENT: The DOW stated in 2003 that the property is located adjacent to elk winter range and
within % mile of elk production areas that are located on the hillside overlooking the area, but that"The
expansion of the cabin (A R. Smith) and the construction of a new residence should not have any
significant additional impacts to wildlife." When the snow clears in this spring, the Applicant commits to
engage a Wildlife Biologist to inspect the Property and make recommendations regarding habitat
avoidance disturbed area reclamations and wildlife mitigations, and to follow the recommendations
made in the report The Applicant is required as a condition of the 1041 approval to utilize wildlife
friendly fences outside the building envelopes The Applicant is eligible for a score of 2 as the
development completely avoids wildlife habitat.
B. Canine Management. (0 to 2 points.) The extent to which the proposed development commits to
prohibiting dogs where the building envelope is located within one-quarter mile from mule deer, elk and
bighorn sheep severe winter range, winter concentration areas, migration corridors and production areas.
Commits to kenneling dogs where the building envelope is located within one-half(1/2) mile, but more
than one quarter(1/4) mile, from mule deer, elk, and bighorn sheep severe winter range, winter
concentration areas, migration corridors and production areas. Where the building envelope is located
more than one-half(1/2)mile from mule deer, elk and bighorn sheep severe winter range, winter
concentration areas, migration corridors and production areas, automatically awarded two points.
Maximum Score 2 Score: l x 2= 2
COMMENT: The 1041 approval requires that dogs be kenneled as the property is within '/mile of elk
calving habitat The Applicant commits to restrict the property to one dog and will instruct all contractors
and workers that they will not be allowed to bring dogs on the property during construction; which
commitment will be monitored and enforced by the construction supervisor. The Applicant is eligible for
a score of 1.
C. Enhancement of Wildlife or Wildlife Habitat.(0 to 2 points.) The extent to which the
proposed development commits to enhance existing wildlife or wildlife habitat or to restore native habitat
to degraded sites (for example, creating or restoring wetlands and/or riparian habitat. On-site
enhancement is preferred, but where there are no significant opportunities for on-site enhancement or
restoration, a commitment to enhance or restore other sites in Pitkin County may be considered.
Maximum Score 2 Score: 2 x 2= 4
COMMENT: The Applicant will restore native habitat onsite as recommended in the above mentioned
wildlife expeert's report but as there are minimal on-site opportunities for wildlife or habitat enhancement
the Applicant proposes to make a donation for off-site enhancement to Open Space and Trails in an
amount sufficient for the rehabilitation of 100 feet of the stream bank at the Northstar Nature Preserve.
Mr. Tennenbaum estimates the value of this donation at$5 500(based on current construction costs of
$55/linear foot)and acknowledges the benefit this will provide to improve wildlife habitat at North Star.
Staff finds that the proposed off-site enhancement exceeds the standards of the Code and justifies a score of 2.
D. Reduction of Human Influence.(0 to 2 points.) Consider the extent to which the proposed
development commits to cluster development and reduces the zone of influence on wildlife and/or wildlife
habitat.
Maximum Score 2 Score: 2 x 2= 4
COMMENT: Development on the property is clustered with the other existing and approved residences
in the area The Applicant commits to use motion sensor controlled lights and to comply with
000014 9
r
recommendations from the DOW to minimize wildlife impacts A bear proof container will be provided
during and after construction as required by the County Code Staff recommends a score of 2
WILDLIFE AND [VILDLIFE HABITAT PROTECTION
(Minimum Threshokl Score-4 points)
Subtotal without multiplier 7
Subtotal with multiplier 14
9-120-035 Consistency with Land Use Goals
The Planning and Zoning Commission shall consider each application's consistency with County Land
Use Policies and rate each development by assigning points according to the system in this section
(minimum threshold score five (5) points; maximum score ten (10)points); multiplier of two(2) or three
(3) as noted below):
A. Open Space(0-2 points; multiplier of three(3).)The extent to which the development preserves
desirable undeveloped lands for wildlife, scenic and other desirable resource values, or preserves known
agricultural lands, including those which have been historically irrigated, used for food, hay, grains or
other feed production, and those used for dry pasture and rangeland, consistent with adopted
comprehensive plans and Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240 and 2-280.
Score of 0- The application is totally inconsistent with adopted comprehensive plans and
Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and does not preserve valued open
space or agricultural lands within a property.
Score of 1 - The application is generally consistent with adopted comprehensive plans and
Land Use Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves the most valued open
space or agricultural lands within a property. If a property does not contain any valued open
space or agricultural lands, it shall automatically be eligible for a score of one(I).
Score of 2 - The application is consistent with adopted comprehensive plans and Land Use
Policies 2-10, 2-30, 2-120, 2-160, 2-240, 2-280, and preserves all valued open space or
agricultural lands within a property.
Maximum Score 2 Score: 1 x 3= 3
COMMENT: Staff has recommended a score of I as the property does not contain any valued open space
or agricultural lands.
B. Visual Impacts (0-2 points; multiplier of two(2))Considering the extent to which a development
impacts the scenic quality and visual character of an area as viewed from public roadways and the extent
to which a development is consistent with the Scenic Overlay standards(Section 3-60-40), Land Use
Policy 2-120, and the West Elk Loop Scenic and Historic Byway, notwithstanding the fact that the parcel
may be located outside of the mapped scenic overlay(i.e.,within tributary valleys to the Roaring Fork
Valley).
Score of 0- The application is inconsistent with the Scenic Overlay review standards (Section
3-60040)and Land Use Policy 2-120.
0n0015 9
Score of 1 - The application is generally consistent with the Scenic Overlay review standards
(Section 3-60-40) and Land Use Policy 2-120.
Score of 2 - The application is consistent the Scenic Overlay review standards (Section 3-60-
40) and Land Use Policy 2-120.
Maximum Score 2 Score: 2 x 2= 4
COMMENT: The property is within the mapped scenic overlay area as seen from Highwav 82. The
Hearing Officer found in Determination 15 2003 that the proposed development was consistent with the
scenic overlay review criteria Per Determination No 15-2003 the exterior of the residence shall be
finished in earth tones which blend in with the colors of the natural surrounding environment roof materials
shall be non-reflective and exterior lighting is prohibited from the north south and east sides of the
residence except for those not visible from Highway 82 and approved by the Community Development
Department The Applicant commits to utilize motion sensors on exterior lights. The Applicant will
make additional plantings of trees and native vegetation to further screen the house and driveways from
Highway 82 In addition the Applicant commits to fund one third of the cost of burying approximately
240 feet of overhead utility lines from the pole at the Meens shack crossing Difficult Lane to the first
pole on the McCluskev property and the wires from the Meens Pole crossing Highway 82 to the pole to
the north which currently connects to undergrounded utilities. Underground ing of these two sections in
comunction with the undergrounding committed to by McCluskev and Oxenberg remove a contiguous
stretch of very visible overhead wires and poles for almost a thousand feet at the entrance to Difficult
Campground Holy Cross Energy estimates the total cost of the undergrounding to be $27,600. Staff has
recommended a score of 2 based on a finding that the application is consistent with the Scenic Overlay
Review standards of the Land Use Code.
C. Development Below Allowable Densitv(0-2 points; multiplier of two(2)) Consider the extent
to which the development proposed is less than the allowable density in terms of numbers of dwelling
units(not including caretaker dwelling units, employee dwelling units or deed restricted affordable
housing dwelling units) permitted in the applicable zone district:
Score of 0- The application proposes development at a density of 76%to 100% of the
density allowed under the zone district, which maximizes development on the site under the
zoning.
Score of 1- The application proposes development at 56% to 75% of the density allowed
under the zone district. The applicant shall provide a covenant or other guarantee running with the
land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the
density reduction. When competing for additional square footage only, an applicant shall be
eligible for a score of one (1) if there is no opportunity to reduce density on a property.
Score of 2- The application proposes development at 50% or less of the density allowed
under the zone district. The applicant shall provide a covenant or other guarantee running with the
land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the
density reduction.
Maximum Score 2 Score: l x 2= 2
COMMENT: There is no opportunity to reduce density on the property,therefore,the Applicant is eligible
for a score of 1.
10
000016
V �
D. Development Below Allowable tntensity(0-2 points; multiplier of two(2)) Consider the extent
to which the development proposed is less than the allowable intensity in terms of the total amount of
square footage of floor area potentially available as an allowed use under the applicable zone district:
Score of 0- The application does not commit to reduce the square footage of floor area of
development on site.
Score of I- The application agrees to limit square footage to 56% to 75% of the square
footage of floor area potentially available under the zone district. The applicant shall provide a
covenant or other guarantee running with the land, for which Pitkin County shall be a benefician,
,uaranteeing the representation of the intensity reduction.
Score of 2- The application proposes development at 50% or less of the square footage of
floor area potentially available under the zone district. The applicant shall provide a covenant or
other guarantee running with the land, for which Pitkin County shall be a beneficiary,
guaranteeing the representation of the intensity reduction.
Maximum Score 2 Score: 1 x 2= 2
COMMENT: The Applicant commits to provide a covenant restricting the property to a maximum floor
area of 10,750 square feet,which is 71.3%of the potential floor area allowed within the AFR-10 zone
district.
E. Clustering(0-2 points; multiplier of two (2))Consider the extent to which the development
proposed clusters the structures proposed for development, or, where applicable, clusters the
proposed development adjacent to existing or approved development on adjacent properties.
Score of 0- The application does not commit to clustering.
Score of 1 - The application commits to limited clustering, but additional clustering is still
possible. An applicant shall be eligible for a score of one (1) if development is not clustered and,
Clustering is determined by the Community Development Department to be inappropriate on a
specific property.
Score of 2- The application clusters development to the fullest extent possible.
Maximum Score 2 Score: l x 2= 2
COMMENT: While the new residence could have been clustered more with the historic cabin, it is more
appropriate in order to preserve the inter=rite of the historic resource to provide a distinct separation between
the historic and new development. The development is clustered with approved development on adjacent
properties. Staff finds that Clusteringis s inappropriate given the historic resource on the property, and,
therefore,recommends a score of 1.
c'ONSISTENCFTVITHLAND USE GOALS
(Alininnnn Threshol(I Scorc- 5 points)
Subtotal without multiplier b
Subtotal with multiplier 13
000017
9-120-036 Bonus Points
The Planning and Zoning Commission shall consider the award of bonus points as follows(maximum
score six(6) points; no multiplier):
A. Bonus points may awarded only to development applications which achieve the overall minimum
scoring threshold in sections 9-120-032 through 9-120-035.
B. The Planning and Zoning Commission shall consider the extent to which an applicant purchases
interests in land in order to preserve valuable undeveloped lands or creates conservation
easements or dedicates land located in the Agricultural Wildlife Reserve District(AWR) of the
Pitkin County Down Valley Comprehensive Plan: Future Land Use Map.
Score of 0- The development does not help meet the goals of the County as identified in the
Pitkin County Down Valley Comprehensive Plan regarding the preservation of open space,
agricultural and wildlife lands.
Score of 1 - The development supports the goals and objectives of the Pitkin County Down
Valley Comprehensive Plan by preserving open space, agricultural lands and wildlife lands
located in the Agriculture Wildlife Reserve (AWR)designated on the Pitkin County Down
Valley Comprehensive.Plan : Future Land Use Map. The applicant must preserve no less than
two (2)times the minimum lot size in the zone district where the development is proposed.
Score of 2 - The development aggressively supports the goals and objectives of the Pitkin
County Down Valley Comprehensive Plan by preserving open space, agricultural lands and
wildlife lands located in the Agriculture Wildlife Reserve(AWR) designated on the Pitkin
County Down Valley Comprehensive Plan : Future Land Use Map. The applicant must
preserve no less than three (3)times the minimum lot size in the zone district where the
development is proposed.
Maximum Score 2 Score: 0
COMMENT: The Applicant is not eligible for points in this category.
C. Creative Bonus. Bonus points shall be available to the applicant to specify other creative
methods in which the proposed development will achieve the goals of each of the categories set forth in
sections 9-120-032 through 9-120-035. To be eligible for a bonus point, the applicant shall specify in
which category the bonus point is sought and describe the creative measure which the applicant proposes
to further the goal of the category. Only one creative bonus point is available per category, with a total of
four possible bonus opportunities except to break ties between applications. At its option, an applicant
may submit for one additional creative bonus to be considered in the event of a tie between applications.
The Planning& Zoning Commission shall score the creative bonus points as follows:
Score of 0— The development does not further the goal or objectives of the category.
Score of 1 — The development substantially furthers the goal or objectives of the category.
Maximum Score 4 Score: 3
000018 11
COMMENT: The Applicant has requested creative bonus points in each of the four categories
• Public and Private Facilities& Services The Applicant will donate to the Aspen Fire Protection
District one third of the cost of purchasing a new Handheld Thermal Imager. Mr. Van Walraven
states that this donation will have countywide benefits as it will allow them to move their older unit to
the downvalley station so both stations are similarly equipped and estimates the total cost to be
$10,000.
• Environment/Resource Conservation: The Applicant commits to the donation of$1 500 to the Aspen
Landfill for the specific use in improvements to the Landfill's recycling infrastructure and/or
educational programs promoting recycling in the East Aspen area—Mountain Valley to Difficult
Campground.
• Wildlife—Enhancement The Applicant commits to donate$' 500 to the Open Space and Trails
Board for habitat improvements (specifically noxious weed control) on the Northstar Nature Preserve
Mr. Tennenbaum acknowledges the benefit this will provide to improve wildlife habitat at North Star.
• Land Use Goals—Visual Impacts: The Applicant commits to limit the maximum height of the roof
ridge of the new residence to no more than 30 feet(a reduction of 3 feet below what is allowed)
Staff finds that the Applicant is eligible for creative bonus points in all categories except Environment/
Resource Conservation The commitment made in this category does not necessarily further the goal or
objectives of the category and the recipient agency(the Landfill)has not acknowledged the need for the
donation.
D. Optimal Mitigation of Employment Generation. Bonus Points shall be available to the
applicant for the optimal mitigation of employment generation. The Planning and Zoning Commission
shall consider the provision of affordable housing in relation to each development application by
assigning points according to the system in this section(no minimum threshold : maximum score three
(3) points; multiplier of two(2)):
1. Conversion of Existing Free Market Housing. Any applicant who commits to convert
existing free market housing located within the Aspen Area Urban Growth Boundary to
deed restricted sale housing pursuant to section 3-130-020 shall be awarded three(3)
points. Any applicant who commits to convert existing free market housing located
within the Rural Area to deed restricted sale housing pursuant to section 3-130-020 shall
be awarded two (2) points.
2. Construction of Affordable Housing. Any applicant who commits to construct sale
affordable housing on site for on-site employees pursuant to section 3-130-020 shall be
awarded two(2) points. Any applicant who constructs sale affordable housing shall be
awarded one(1) point.
3. Dedication of Land. Any applicant who commits to dedicate land within the Aspen
Area Urban Growth Boundary pursuant to section 3-130-020 shall be awarded one(1)
point.
Maximum Score 3 Score: 0 x 2= 0
COMMENT: The Applicant has not requested a bonus point for this section.
BON(IS POINTS Subtotal—3
13
C0001`i
TOTAL POINTS(with multiplier):
Minimum Subtotal Subtotal
Threshold (without (with
multipliers) multipliers)
A. Availability and Appropriateness of Public and 5 6 6
Private Facilities and Services.
B. Effect Upon the Environment and Resource 5 8 16
Conservation.
C. Wildlife and Wildlife Habitat Protection 5 7 14
D. Consistencv with Land Use Goals 5 6 13
E. Bonus Points(Maximum 12) N/A 3 3
TOTAL 30 52
Must meet minimum threshold in each category and obtain a total score of 48 points(with multipliers)
to obtain an allotment
14
00002P
MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Gary Tennenbaum, Open Space and Trails
RE: Independence Land LLC,Popcorn Land LLC and Black Diamond Land
Development Corp. GMQS
DATE: Februaiv 6, 2006
Staff from Pitkin County Open Space and Trails (OST) have reviewed the three applications and is
willing to accept the following donations from each application:
• Funds to construct 100-feet of the East of Aspen Trail from Wildwood Lane to Difficult
Campground. Current construction costs are $50.00 per linear foot, so for each application
this would entail a donation of$5,000 00. If the trail cannot be constructed mo years from
the date of approval OST will use the funds for other projects in the East of Aspen area.
• Funds to restore 100-feet of riverbank on North Star Nature Preserve. Current construction
costs are $55.00 per linear foot, so for each application the donation would total $5,500.00.
• $2,500.00 from each application for noxious weed control on North Star Nature Preserve
OST acknowledges the great benefit these donations will have to improve the trail opportunities for
visitors to and residents of the East of Aspen area and to provide significantly improved wildlife
habitat on North Star Nature Preserve by helping fund noxious weed control and riverbank
restoration.
000021
HopkinsAspen Fire Protection District
420 East
CO 81611
970-925-2690
Memo
Tag Suzanne Wotif,Community Development Department
no Ed Van Walraven,Fire Marshal
Cc:
Darn February 17,2006
Rae Black Diamond Land Development Corp. PID#2737-283-00-009; Case#P013-06
Suzanne,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District
This includes but is not limited to Fire Department Access (International Fire Code 2003
Edition Section 503),Turning around of fire apparatus(IFC Section 503.2.5),an approved fire
sprinkler system shall be provided (IFC as amended Section 903),Water supply, a minimum
of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both
landscaping and structural standpoints shall be submitted.
It is noted that these issues have been addressed in the application.
Please have the applicant contact the Fire Marshal's Office if they have any other questions
regarding specifications on the above requirements.
Thank you,
Ed
000022
r
March 31.2006
To: Pitkin County Planning & Zoning Commission
Community Development Department
Suzanne Wolff
From: Robert Oxenberg
President
East Aspen Caucus
I just wanted to let you know that the East Aspen Caucus is in favor of the Black
Diamond, Independence Land and Popcornland GMQS applications. The owners of the
above properties seem to be doing a good job of balancing development with respect for
the neighborhood and the environment and their projects will reflect well on the
surrounding homeowners.
Of particular interest to the Caucus are the applicants proposed contributions to Open
Space and Trails,which will go a long way to further OST efforts on the Northstar
Nature Preserve—an amenity of vital importance to our members and the county in
general.
We further support the undergrounding of the overhead utility lines in the area and would
hope that as additional development occurs that even more can be done.
Thank you for the opportunity to comment and if you have any questions please feel free
to give me a call.
Respectfully,
x/ �
Robert Oxenberg
000023
Iq
'i
Suzanne Wolff
From: Grafton Smith [graftonsmith@comcast net]
Sent: Saturday, February 25, 2006 7:20 PM
To: Suzanne Wolff
Subject: Jonathan Thomas
S 1aa:t:te: Thanhe fer th- li-1p with in, "arc-sS -nvelrpe" questi gin. It was a big help.
Tui,� in cas- ._ i li,i: frr,-Tctt-n coiii„1 ul_ in ±our w-e}:s is the F'.D P.,i-u ,t our thrc-,
AFA Applicatirnr_� . TLi intiaipaticn f this Vent, I just wanted tc send across a -ouple of
-laiiti -atir,na .
A. Ail thr-- til_pli-rations, Pla,.h Diamond, Independence Land and Popcornland, mention in
th,ii intrnductio:, that the properti-s are part of the Morninq Star "sul-division. " This
sold l-- -onfusini - Norriindstar is not a "Sul, tivision" in the Planning Offi,,e Sens- of
tlr Fiord - I ,arts axing it (with a little "e") mere in the s--ns-. of an group of
independ -nt lots with, t Honie,wners Assc-iatinn. It is perhaps best deScrib-d as an
enclave.
P. In the Diac4: Diamond appli,,ati�n or, K.age 17 under "Faiu�_tirn of Densit_;"
1 ha,:e rho Troperty listed as fi--a acr-s . This should read I acr-s . The sine is correct in
the intsoducti-n, and elseoahrj< .
H_,pefully this is all but if soritethinq -rcps up el Sewhere that y,ou have a question in
pleas- real fr-- to call -r email me.
Thanks again.
Graft m
1
000024
Black Diamond Land Development
Corporation Application for the 2006 Rural
Area Residential Growth Management
Competition for Additional Floor Area
R
r
Submitted for Black Diamond Land Development Corp.by:
Grafton Marshall Smith
(raf) 20 Planner's Copy
graftonsmi tnsmithQcomcastnet
000025
O 0
Black Diamond Land Development Corporation Application
for the 2006 Rural Area Residential Growth Management
Competition for Additional Floor Area
Request: Black Diamond Land Development Corporation, the "Applicant',
requests an additional 5,000* square feet of floor area,beyond the 5,750* square
feet of floor area exempted under the Growth Management Quota System for a
single family residence through the Rural Area Residential Growth Management
Competition for Additional Floor Area pursuant to section 9-12-030 of the Pitkin
County Land Use Code.
The Property currently contains an existing designated historic residence, the A.
R. Smith Cabin), which is permitted a maximum of 3,250 square feet of floor area.
The combined floor area of the two residences will not exceed 10,750* square feet
—*as currently measured by the Pitkin County Land Use Code.
Property:The approximately 4 acre parcel (ID#273728300009), located at 10
Popcorn Lane,is one of seven lots of the Morning Star Subdivision which is
situated about three and one half miles east of Aspen and lies across the Roaring
Fork River from Highway 82(see Vicinity Map/Legal Description—Exhibit #1 and Site Plan—
Exhibit #2).
Previous land use approvals:The parcel was legally created prior to May 8, 1972 and is
zoned AFR10 and has not merged. In 2003, it was subject to a 1041 Hazard
Review, Scenic Overlay Review, TDR Special Review, and Designation of the A.
R. Smith Cabin to the Pitkin County Historic Inventory application
(Determination 15 2003)(see io4i Hazard Review-Exhibit#3). An accessory envelope
for the ISDS for the cabin was added through Administrative Decision 48-2003.
A.R Smith Cabin
Black Diamond Land Development Corporation: Page 1 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
P[D#273728300M
000026
The property has been a participant in several Lot Line Adjustments—P123-99
and later Plll-03 (Determination 48-2003) and Administrative Decision #14-
2005, all in which no additional lots or development rights were created.
Deed Restriction(s):Upon successful completion of this competitive permit process;
in each of the following incidences where the applicant commits to a specific
action or course of action, he will provide a covenant or other guarantee running
with the land, for which Pitkin County shall be a beneficiary.
Within this application the applicant offers to either perform, fund, or deed
restrict a number of actions or programs. If the Planning and Zoning
Commission deems a/an action(s), program(s) or deed restriction(s) not to be
worthy of credit, the applicant reserves the right to rescind the offer(s) in whole
or in part.
Conclusion:The Applicant's request for the additional floor area is substantially
less than allowed under the AFR10 zoning and is reasonable compared to the
size of the new homes both recently built and currently under construction in the
surrounding area. These new homes range from 8,250 to 10,750 square feet in
size with one just to the east of the Property with 20,000 feet of floor area.
Two properties closer to Highway 82, McCluskey and Oxenberg,both recently
were awarded an additional 4,950 and 5,000 square feet, respectively, of floor
area through the 2005 GMQS FAR July Competition.
These two GMQS FAR Applications initiated a number of projects, all of which
are very important to the East of Aspen/Difficult Campground area; support of
the East Aspen Trail System, the emergency phone, burying overhead utilities,
supporting Open Space &Trails bank restoration efforts on the Preserve,weed
programs, etc., and the Applicant (in conjunction with two other Morning Star
properties)recognized that here was an opportunity to add the weight of three
additional properties to the furthering of these goals`.
We then met with Open Space &Trails and the Aspen Fire Protection District to
discuss how best to approach these projects and the results are represented in the
offers and commitments to be found in the following responses to the criteria.
This area-Independence Pass/Difficult Campground to the Northstar Nature
Preserve is the eastern portal to Aspen and for many visitors, their first
experience of Aspen;therefore, any private efforts at maintaining and improving
this area is deserving of County encouragement and support.
'Special Note: Where the applicant commits to donate,for example,to Open Space and Trails,
the cost of 100 feet of trail—it is meant that each successful applicant will donate those funds,ie.,
if all three are successful then funds for 300 feet of trail will be donated.
Black Diamond rand Development Corporation: Page 2 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#2737283000N
000027
Scoring Criteria and Responses
9-120-032
Availability and Appropriateness of Public and Private Facilities and Services
The Planning and Zoning Commission shall consider each application's impact upon public
facilities and services and rate each development by assigning points according to the following
system: minimum threshold score,five (5)points;maximum score ten(10) points;no multiplier.
A score of zero(0)indicates one of the following: (a) total impracticality of providing services due
to availability,quality, distance or route,and/or the development is detrimental to the existing
level of service in the area;or(b) the introduction of public or private facilities and/or urban
services is likely to result in a fundamental change to the community character of the area and/or
a fundamental change in the type of historical use of the property;or(c) the introduction of
public or private facilities and/or urban services is likely to result in a detriment to the
environmental condition of the property or adjacent properties.
A score of one(1)indicates all of the following:(a)an acceptable level and type of service
meeting the needs of the development and standards of the Code;(b) the provision of services
will not fundamentally change the character of the area in which the proposed development is
located;and(c) the provision of the services will not result in a significant detriment to the
environmental condition of the property or adjacent properties.
A score of two(2) indicates a level and type of service meeting the needs of the development
based on the requirements of the Code and heloin__ n to satisf an existi I&need of the surrounding
area.Also indicates that the provision of services will not change the character of the area in
which the development is located or detrimentally affect the environmental condition of the
property or adjacent properties.
A.Water Service(0-2 points):
1.Capacity,quality and reliability of the water system proposed to serve a development;
2.The demonstration of adjudicated water rights to serve the development;and
3.The capability to attain any necessary water through an augmentation plan,
Response: There are two existing wells on the property both located above the
100-year floodplain and both producing over 15 gallons per minute. The well
i permit for the well servicing the existing structure allows it to be the source for
i two single-family residences(see Well Permit—Exhibit #4).
The second well was recently installed and is intended to service the proposed
j new residence. Its use is covered under a Water Augmentation Plan,which has
been submitted and should be approved by the time of the Planning and Zoning
1 Commission review of this application(see Balcomb&Green letter—Exhibit#s). To allow
for re-vegetation efforts this spring and until such time as the above
augmentation plan is implemented a Temporary Substitute Supply Plan has
been submitted for approval with the State of Colorado.
I Both plans allocate water for use in common area irrigation the re-vegetation
i
j and reclamation of disturbed areas and storage for fire emergencies, all of which
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PID#273728300"
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j will not only benefit the property,but adjacent properties and the surrounding
area as well. y '
B. Sewer(0-2 points):The type and capability of the sewage disposal system proposed to meet
the needs of a development and to dispose of wastes without impact on water quality and in a
reliable manner.
Response:The A. R. Smith Cabin and its additions are currently served by a
permitted ISDS system,which was installed in 2005 meeting the requirements i
i of Pitkin County Environmental Health Department Regulations (see ISDS Permit
i —Exhibit W. '
1 A new ISDS systems is planned for the proposed new residence and when
i installed will also meet the Pitkin County Environmental Health Department
jRegulations, be located within the development envelopes, and will comply with 11
j all setbacks from wells,buildings,boundaries, etc.,.
C. Storm Drainage (0-2 points):
1.The degree to which an applicant proposes to maintain historic runoff patterns and to retain
the surface water resulting from development on-site.
2.If a development requires the use of the County's drainage system,considering the
commitment of an applicant to install necessary drainage control facilities and to maintain the
system on a long term basis.
j Response: The current residence does not require the use of the County's
drainage system. Historic runoff patterns will be maintained and the character
1 of the area will not fundamentally change nor will neighboring properties be
i affected.
As part of the above water augmentation plan, two ponds/water features are
1 intended for this property.When installed the ponds/water features will serve
' as a catch basins for surface runoff from the property and the surrounding
neighborhood, helping retain surface runoff on the property and allow for the
settlement of any sediments present before reaching the river. This will meet the
1 need of the area by acting as a passive community water treatment facility (see
1 Augmentation Plan Map—Exhibit #7). j
1 Runoff from the areas of new development will be either diverted or
daylighted to dry wells and/or catchment basins. The driveway will be
crowned or sloped in such a way as to insure that runoff will flow to permeable ;
1 soils or "catchment basins" and thereby retained on the property.
A detailed Drainage and Erosion Control Plan will be submitted prior to the
1 issuance of a Building Permit and during construction silt fences will be installed
and maintained to protect the surrounding vegetation.
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D.Fire Protection(r"points): _N
1.Capability of the aap//propriate Fire Protection District to provide protection according to
established response standards without establishing a new station,adding equipment or
personnel, or making capital improvements;
2.The adequacy of water pressure and capacity for providing fire-fighting flows;
3.The commitment of an applicant to provide fire protection facilities necessitated by a
development,including,but not limited to,fire hydrants, water storage tanks, ponds and
distribution links;
4.The capability of the Fire District to provide adequate service based upon site design of a
development and reliability of the proposed water system.
5.The capability of a development to be a self-sufficient fire protection system in the event
response times from the fire district are too slow to protect a development.
j Response: The property lies within the Aspen Fire Protection District and, as i
there have been existing structures on the site for some time, no additional
demands will be put upon their resources.
i
j The Property is in a Low to Medium Wildfire Hazard area with most of the trees
1. being Aspens or mature conifers. The Applicant commits to meet or exceed all i
i the requirements of the property's current 1041 Hazard Review, especially
j those regarding wildfire and any new development will comply with all current
County regulations regarding sprinkler systems.The roofs of all the new
structures shall be constructed of non-combustible materials.
i The Applicant has already participated in the construction of a holding pond
and installation of an underground tank,which together can supply in excess of
70,000 gallons of water for fire-fighting purposes. Two dry hydrants have been
located on Popcorn Lane so as to provide firefighters easy year-round access to
the water.
An emergency "grass block" lane connecting the end of Popcorn and Difficult
j Lanes was specially constructed to allow fire equipment to access the above
emergency water supplies and to return to Highway 82 without having to turn
around
This pond and tank will not only protect the Black Diamond property and others
in the surrounding area, the water is also available for firefighting efforts on up
i the pass and/or off of Highway 82 as well (see AFPD letter—Exhibit #8).
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2006 Rural Area Residential Growth Management Competition for Additional Floor Area
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PkInstalled dry hydrants,for pond
nk providing over 70,000
ns of emergency water.
R'
1 �
As there is no cellular service in the area, in the McCluskey &Oxenberg GMQS
Applications, they jointly offered to install and fund for five years an emergency
call box linked to the County 911 service.Being able to call for emergency
services from this locale could save five or ten minutes in emergency response
time.In the Planning and Zoning Commission's review of the above two
applications a question was asked about what happens to the expenses of the
phone after the first five years.
In recognition of the importance of such a service to the surrounding area,users
of Difficult Campground and the public in general, the Applicant commits to,
funding the maintenance and expense of the phone for an additional five years
and will lead efforts to have an appropriate government agency take over
monitoring and management and to whom then all the funding will given.
Proposed Emergency Phone
location at intersection of Highway 82 and
Difficult Campground entrance—note
phone service box already on site.
E.Road System(0-2 points):
1.Capability of the public road network to provide for the needs of a proposed development
within acceptable levels of safety and design,as defined by the Pitkin County Road Management
&Maintenance Plan;
2.Capability of the public road network to provide for the needs of the proposed development
without exceeding the capacity of the existing road network,as defined by the County Engineer.
3.Applicant's commitments to finance necessary road system improvements attributable to a
proposed development;and
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2006 Rural Area Residential Growth Management Competition for Additional Floor Area
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4.Ability to perform any necessary road improvements without resulting in a fundamental
change in the character of the area or neighborhood in which the development is proposed.(Ord.
023-2000,Aft. A)
Response: Access to the property via Highway 82 and the privately maintained
j Difficult and Popcorn Lanes for which the Morning Star Homeowner's
installation,maintenance, and improvements. j
Association is responsible for the
1 There will negligible additional impact upon the county or state road system as
a result of the proposed development.
j The potential short term increase in traffic during the construction phase of the
development is addressed in the "Traffic Control Measures"response to
"Conservation through Construction Management Plan" of this application
i The Applicant commits to share in the cost of the dust and PM10 suppression
i efforts on Difficult and Popcorn Lanes until such time as these can be paved or
i chip and sealed. '
9-120-033 Effect on the Environment and Resource Conservation
The Planning and Zoning Commission shall consider each application's environmental impacts
and resource conservation measures and rate each development by assigning points according to
the following system: minimum threshold score five(5) points;maximum score ten(10)points;
multiplier of two(2).
A score of zero(0) indicates adverse environmental impacts due to an applicant's unwillingness
or inability to mitigate impacts or inadequate mitigation measures proposed by an applicant;
A score of one(1)indicates no adverse environmental impacts or an applicant's complete
mitigation of impacts or a development exceeding the standards of the Land Use Code.
A score of two(2)indicates an improvement or enhancement of the existing environment by the
applicant.
A.Air Pollution(0-2 points):The effect of the development on the community's air quality,
including but not limited to whether:
1. Fewer or cleaner wood burning devices than allowed by law will be installed;
2.Existing dirty burning devices will be removed or replaced by cleaner burning devices;
3.Dust prevention measures are employed on the unpaved areas;
4. Any special emission control devices are used;
5.Development proposed utilizes and/or promotes in design and location the use of public mass
transit or other non-vehicular transportation;
6.Mitigation of PM10.
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;Response: During construction, dust&PM10 will be controlled on all driving
;surfaces between Highway 82 and the property, through the "Dust Control
;Plan" response to "Conservation through Construction Management Plan"
criteria in this application but before and after the construction period and until
;such times as they are paved or otherwise sealed the driving surfaces of Difficult
;and Popcorn Lanes from Highway 82 to the property, including its driveway(s)
;will be maintained with a environmentally friendly dust suppressant.
;The Applicant will also comply with the PM'n Mitigation Standards and
conform to Pitkin County Air Quality standards.
To promote the use of non-vehicular traffic, the Applicant commits to contribute i
!to Pitkin County Open Space and Trails funds sufficient to construct 100 feet of
;the incomplete section of East Aspen Trail west of Difficult Lane.If after two
years of the donation Open Space and Trails for whatever reason is unable to
(start work on this section of trail they will be free to use these funds for whatever
1project in the East Aspen area they see fit.
'The Applicant commits to employing non-out gassing paints and wall surface
treatments (plasters, etc.) instead of regular paint on the interior walls. In the
short term this will help the construction workers in the area and in the long
;term better for the environmental air quality.
B.Water Resources(0-2 points):
1.Extent to which the project will impact surface,groundwater and irrigation supply;and
2.Extent to which the project commits to maintain existing surface,groundwater and irrigation
supply for domestic uses,wildlife uses,vegetation uses and agricultural uses.
Response:Additions to the existing residence or new development on the
j Property will not negatively impact surface or groundwater supplies.
The installation of the existing pond as well as those of the pending water i
1 augmentation plan will increase the amount of surface water available for
I domestic, wildlife, irrigation, fire emergency and the re-vegetation of disturbed
areas uses.
As the augmentation plan purchases down valley water for up valley use it will
enhance area surface and groundwater supplies(see Augmentation Plan—Exhibit #6).
C.Hazards and Site Disturbance/Environmental Impact(0-2 points):
1.A proposed development is free from man-made hazards;
2.A proposed development completely avoids development within one-hundred year floodplain
hazard areas;
3.A proposed development commits to preserve or enhance natural vegetation and terrain on the
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o �
site and to re-vegetate disturbed areas with native vegetation;
4.A proposed development commits to minimize the area of disturbance by limiting the size of
the building envelope(s),road/driveway cuts,etc.;and
5.A development commits to weed management.
Response: The current and proposed development on the Property completely
avoids the 100 year floodplain (see Site plan-Exhibit xz)and is free of manmade
'^ hazards.
During construction, the Applicant will employ and maintain silt fencing and
other barrier materials around the area of construction in order to protect the
surrounding vegetation. All disturbed areas will be re-vegetated with native
materials, including the area of the new leach field.
As an off-site mitigation of impacts to the environment, the Applicant commits to
contribute to the Open Space and Trails Board funds sufficient to re-contour
and re-vegetate 100 linear feet of stream bank in OST's ongoing riverbank
restoration efforts on the Northstar Nature Preserve.
r
i Roaring Fork River
4M
in the North Star
Nature Preserve
The Applicant is committed to minimizing the area of disturbance one ply'
property and in that effort, has removed five misc. structures from the o
all of which were disassembled, reused an recycled to the extent possible
and the sites re-vegetated with native materials where appropriate.
The Applicant commits to a weed management program on the Property and
surrounding common areas.Through the Morning Star HOA and the East Aspen
Caucus will coordinate these efforts with those of other landowners in the area.
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In order to avoid the negative impact to the area that trenching an eight-foot
deep water line from the Smith cabin across the property to the proposed new
residence would have caused, the Applicant went to the additional time and
expense of drilling a second well close to the area of new development and the
filing an augmentation plan in order to be able to use it.
D.Energy and Water Conservation/Waste Water Reuse(0-2 points):The extent to which an
applicant proposes to employ:
1.Passive and/or active solar heating and cooling and thermal insulation measures beyond those
required by the Aspen/Pitkin Energy Conservation Code;
2.Water conservation devices and wastewater reuse systems within the development rather than
standard plumbing facilities;
3.Renewable non-polluting energy resources for the primary source of energy for the
development;
4."Green"and/or high efficiency building materials and "green" technologies;and
5.Reuse of existing construction materials on-site.
Response: The Applicant commits to the following...
i Exceeding the requirements of the Aspen/Pitkin Energy Conservation Code by
10% through a combination of some or all of the following...
Orientation for passive solar gain
High performance glass
Addional wall and ceiling insulation
High performance boilers—exceeding 90% efficiency
I
The use of low flow water fixtures that meet or exceed County requirements. 11
Incorporate motion detection devices to turn on and off many of the external
lights minimizing the number of lights and duration lights are on.
i
Excavation materials generated though construction will be utilized to the
extent possible in the re-vegetation of disturbed areas.
Waste trees will be chipped and used as mulch in the re-vegetation of
disturbed areas.
j The applicant has removed five misc. structures on the property. All of which
were disassembled, reused and recycled to the extent possible and the sites re-
vegetated with native materials where appropriate. This as was a substantial
improvement to the surrounding area.
E.Conservation Through Construction Management Plan(0-2 points):The extent to which an
applicant proposes a Construction Management Plan to:
1.Limit the number of trips to the site through carpooling,storage of tools on site and other
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�ft. r1
innovative measures;
2.Limit the amount of fill removed from the site through limited excavation,regrading and use
of the fill on-site;and
3.Control noise and dust generated during construction.
4.Minimize construction and material waste (i.e.,reduce,recycle and reuse). (Ord.023-2000,
AMA)
! Response: The applicant commits to ... !
!
Initiate the below set of Traffic Control Measures to limit the number of trips
sub-contactors, their employees and suppliers make to the site.
Minimize the amount of fugitive dust generated during construction through the
implementation of the Dust Control Plan.
Control noise during demolition and construction through the below Noise j
! Control Plan.
Limit the amount of fill removed from site and minimize the amount of
construction and material waste though the below Materials Plan.
Traffic Control Measures—to be monitored and enforced by the construction
j supervisor.
! Suppliers will be required to schedule delivery of materials during off-peak
hours(with the exception of deliveries of concrete), instigate a maximum
load/minimum trip delivery.
Subcontractors will be required to submit a parking plan with their contract
1 addressing the use of vans and/or carpooling in order to minimize the number
of vehicles parked on site as well as the number of vehicles making the
commute.
Parking will be prohibited along Highway 82, along Popcorn Lane on the
Highway 82 side of the bridge, or such that would impede the access to
Difficult Campground.
1 A refrigeratorµwave will be made available to workers in order to
minimize random trips into Aspen.
j An area on site will be set aside for the secure storage of worker's tools in order
j to facilitate the above vanning and/or carpooling.
An area will be set aside for the stockpiling of materials.
Excavation materials will be utilized as much as possible onsite and in local
rehabilitation and re-vegetation projects thereby reducing the number of dump j
truck trips necessary. i
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2006 Rural Area Residential Growth Management Competition for Additional Floor Area
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i Dust Control Plan—to be monitored and enforced by the construction supervisor
i
A water supply will be provided at the start of the excavation phase in order to
supply dust suppressant throughout construction.
All dust creating activities will be monitored and an environmentally sensitive dust
suppressant will be used as needed.
During construction, all dust producing surfaces will be treated with an
environmentally sensitive dust suppressant as needed.
All dump trucks leaving the site will be required to have their loads covered with
tarps and/or water sprayed on loads in order to suppress fugitive dust.
Noise Control Plan- to be monitored and enforced by the construction
' supervisor
All subcontractors will be required to comply with all applicable noise control
regulations and Pitkin County Noise Abatement Ordinance.
Construction hours will be limited to 7:00 am to 5:00 pm, Monday—Saturday,
which by code is 7:00am to 7.00pm. j
No radios will be allowed on site until the proposed additions are dried in and
then only inside the structure.
iElectricity will be made available at the start of any demolition and will j
! continue through the end of construction so as to avoid the need for generators.
1 Recycle and Reuse of Materials Plan—to be monitored and enforced by the
construction supervisor
Trees cut down will be chipped onsite to provide mulch for use in re-
vegetation and other landscaping. Concrete and brick will be crushed and used
1 as road underlayments, and reclamation efforts as possible.
i
i Two receptacles and/or areas will be delineated on-site—one for recycle and
the other for non-recyclable materials.
i
Excavation materials from construction will be used to the extent possible on j
onsite reclamation and re-vegetations. j
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7
9-120-034 Wildlife and Wildlife Habitat Protection
The Planning and Zoning Commission shall consider each application in terms of its impact on
wildlife and wildlife habitat and rate each development by assigning points according to the
following system:minimum threshold score four(4) points;maximum eight(8) points);
multiplier of two(2).
A score of zero(0) indicates non-compliance with the policies and standards of the Land Use
Code and adverse impacts to wildlife and/or wildlife habitat due to an applicant's inability
and/or unwillingness to locate the proposed development away from wildlife and/or wildlife
habitat.
A score of one(1)indicates compliance with the policies and standards of the Land Use Code and
minimal impact to wildlife and/or wildlife habitat due to an applicant's avoidance of wildlife
and wildlife habitat and capability to mitigate most impacts,but lack of total avoidance and lack
of total mitigation.
A score of two(2)indicates no adverse impacts to wildlife and/or wildlife habitat due to the
applicant's location of the proposed development away from wildlife and/or wildlife habitat
and/or the complete mitigation of impacts and a development exceeding the policies and
standards of the Land Use Code.Applicants with no wildlife or wildlife habitat on the entire site
shall automatically receive a score of two (2) for each sub-category.
A.Avoidance of Existing Wildlife and Wildlife Habitat(0 to 2 points.):The extent to which the
proposed development, including the building envelope and other disturbed areas, completely
avoids existing wildlife and wildlife habitat including,but not limited to areas mapped by the
Division of Wildlife on Wildlife Resource Information maps(1041 environmental hazard maps)
or areas identified by the County biologist as:critical winter range;migration corridors;calving
areas;waterfowl habitat;fisheries;riparian areas;wetlands;and/or sage,aspen and oak
serviceberry habitat.
j Response: All new development totally avoids all mapped critical wildlife habitat.
When the snow clears in this spring, the Applicant commits to engaging Eric j
Petterson of Rocky Mountain Ecological Services or other similar Wildlife
Biologist to inspect the Property and make recommendations regarding habitat
avoidance, disturbed area reclamations, and wildlife mitigations. A copy of
this report will be forwarded to the Planning Office for inclusion in this file. The
applicant will commit to following the recommendations included in this
i report.
i
On 2/11/03 Kevin Wright,District Wildlife Manager, wrote in response to the
j Applicants 1041 application, "The expansion of the cabin (A. R. Smith) and the
I construction of a new residence should not have any significant additional
impacts to wildlife"(see District Wildlife Manager letter—Exhibit #9 &LowskylWolff 2003 Letter
-Exhibit#io). The applicant commits to following the recommendations of these j
two letters and to directing the above Wildlife Expert to specifically address
these issues in their report.
I i
With the exception of those fences mandated for safety, the applicants will
j prohibit fences outside the building envelope, which are not "wildlife friendly"
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thereby giving wildlife the unrestricted ability to transit the property outside
the building envelopes.
B.Canine Management(0 to 2 points.):The extent to which the proposed development commits
to prohibiting dogs where the building envelope is located within one-quarter(1/4)mile from
mule deer,elk and bighorn sheep severe winter range, winter concentration areas,migration
corridors and production areas:commits to kenneling dogs where the building envelope is
located within one-half(1/2) mile,but more than one-quarter(1/4) mile, from mule deer,elk and
bighorn sheep severe winter range, winter concentration areas, migration corridors and
production areas or where the building envelope is located more than one-half(1/2) mile from,
automatically award two(2) points.
Response: The Applicant commits to restricting the property to one dog and to
1 it's being kenneled. Furthermore, the applicant will instruct all contractors and i
i workers that they will not be allowed to bring dogs on the property during 1
construction (see Division of Wildlife letter-Exhibit #10). This commitment will be
1 monitored and enforced by the construction supervisor
C. Enhancement of Wildlife or Wildlife Habitat(0 to 2 points.):The extent to which the
proposed development commits to enhance existing wildlife or wildlife habitat or to restore
native habitat to degraded sites(for example,creating or restoring wetlands and/or riparian
habitat).On-site enhancement is preferred,but where there are no significant opportunities for
on-site enhancement or restoration,a commitment to enhance or restore other sites in Pitkin
County may be considered.
Response: The Applicant will restore native habitat onsite as recommended in the j
j above mentioned wildlife experts report but as there are minimal opportunities
on the property for wildlife or habitat enhancement, the Applicant commits to a i
donation for off-site enhancement to the environment. As mentioned previously,
the applicant will donate to the Open Space and Trails Board funds sufficient
for the rehabilitation of 100 feet of the Northstar Nature Preserve stream bank.
This will not only serve to undo some of the human disturbances to the course
i of the Roaring Fork River as it transits the Preserve but will enhance Wildlife
jHabitat as well. The lowered stream banks will allow for water to penetrate
further into the borderlands recharging and revitalizing these wildlife areas.
D.Reduction of Human Influence(0 to 2 points.):Consider the extent to which the proposed
development commits to cluster development and reduces the zone of influence on wildlife
and/or wildlife habitat.(Ord.023-2000
Response: Development on the property is clustered with the other residences in
the subdivision. The Applicant removed 5 structures on the property, which
clustered development even further and reduced the zone of human influence. i
Except those fences mandated for safety, the applicants will prohibit fences
outside the building envelope which are not"wildlife friendly' thereby giving i
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wildlife the unrestricted ability to transit the property outside the building
envelopes.
The applicant will use motion sensor controlled lights (Light Sensor or other
such type) on many exterior lights of new construction to further reduce the
zone of influence on wildlife &wildlife habitat by minimizing the number of
lights and time these lights are on. This would also be a benefit to motorists
! utilizing Highway 82.
!
Also per Kevin Wright's Recommendations :
During construction a bear proof container will be provided for the
workers food waste and after construction all food waste will be stored in bear
j proof containers.
New Landscaping will not include any nut,berry or fruit producing tree
or shrub in order to minimize an attractant for bears.
All exterior door handles will utilize round door handles versus lever type
in order to minimize bear's ability to gain entry into the home.
! A home cooling system will be installed in order to minimize open doors
i and windows in summer, which are the primary way bears gain entry to homes.
9-120-035 Consistency with Land Use Goals
The Planning and Zoning Commission shall consider each application's consistency with County
Land Use Policies and rate each development by assigning points according to the system in this
section:minimum threshold score five(5)points;maximum score ten(10) points;multiplier of
two(2) or three (3)as noted below.
A.Open Space(0-2 points;multiplier of three(3)):The extent to which the development
preserves desirable undeveloped lands for wildlife,scenic and other desirable resource values,or
preserves known agricultural lands, including those which have been historically irrigated,used
for food,hay,grains or other feed production,and those used for dry pasture and rangeland,
consistent with adopted comprehensive plans and Land Use Policies 2-10,2-30,2-120,2-160,2-
240 and 2-280.
A score of zero(0):The application is totally inconsistent with adopted comprehensive plans and
Land Use Policies 2-10,2-30,2-120,2-160,2-240,2-280, and does not preserve valued open space
or agricultural lands within a property.
A score of one(1):The application is generally consistent with adopted comprehensive plans and
Land Use Policies 2-10,2-30,2-120,2-160,2-240,2-280,and preserves the most valued open space
or agricultural lands within a property.If a property does not contain any valued open space or
agricultural lands,it shall automatically be eligible for a score of one(1).
A score of two(2):The application is consistent with adopted comprehensive plans and Land Use
Policies 2-10,2-30,2-120,2-160,2-240,2-280,and preserves all valued open space or agricultural
lands within a property.
'Response: The property does not contain any valued open s ace or farmlands.
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B. Visual Impacts(0-2 points,multiplier of two(2)):Considering the extent to which a
development impacts the scenic quality and visual character of an area as viewed from public
roadways and the extent to which a development is consistent with the Scenic Overlay standards
(Subsection 3-60-040),Land Use Policy 2-120,and the West Elk Loop Scenic and Historic Byway,
notwithstanding the fact that the parcel may be located outside of the mapped scenic overlay (i.e.,
within tributary valleys to the Roaring Fork Valley).
A score of zero(0):The application is inconsistent with the Scenic Overlay review standards
(Subsection 3-60-040)and Land Use Policy 2-120.
A score of one(1):The application is generally consistent with the Scenic Overlay review
standards(Subsection 3-60-040)and Land Use Policy 2-120.
A score of two(2):The application is consistent the Scenic Overlay review standards(Subsection
3-60-040)and Land Use Policy 2-120.
Response: The proposed development is consistent with the Scenic Overlay
standards (LUC 3-60-40 &LUC 2-120) and was subject to a Scenic Overlay
Review in 2003 (see io41 Hazard Review,etc.—Exhibit #3)and the Applicant commits to
1 fulfilling all the requirements therein.
The exterior of the new development utilize natural and natural colored
materials.
Exterior lighting shall be prohibited from the North, South and East sides of the
residence, except for those not visible from Highway 82 and approved by the
Community Development Department. Exterior lighting will meet or exceed
current County requirements. Many of the exterior lights will be triggered by
1 motion sensors,so as to minimize the duration of use of exterior lighting.
j The building envelope for the main residence is located on the Property as far
away from Highway 82 as possible in order to further reduce its already
doubtful visibility from the highway (see site plan—Exhibit #2).
i
The Applicant will make additional plantings of trees and native vegetation to
i further screen the house and driveways from Highway 82.
The Applicant commits to fund one third of the cost of burying the
! approximately 240 feet of overhead utilities from the pole at the Meens shack,
crossing Difficult Lane to the first pole on the McCluskey property and the wires
from the Means Pole crossing Highway 82 to the pole to the north which
! currently connects to undergrounded utilities. These two stretches jointly with
i the McCluskey and Oxenberg remove a contiguous stretch of very visible
overhead wires and poles for almost a thousand feet at the entrance to
Difficult Campground and, approaching from the East, the defacto entrance to j
Aspen (see Holy Cross Estimate—Exhibit #11 and Utility Map—Exhibit #12). Please note that 1
i all the utilities to the property run underground and that the wires to be
buried do not connect with the property.
Black Diamond land Development Corporation: Page 16 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300"
000041
C -
�-r
View East on Highway 82 with wires and poles(Meen's pole on the rig t)
C.Development Below Allowable Density(0-2 points;multiplier of two(2)):Consider the
extent to which the development proposed is less than the allowable density in terms of numbers
of dwelling units(not including caretaker dwelling units,employee dwelling units or deed
restricted affordable housing dwelling units)permitted in the applicable zone district
A score of zero(0):The application proposes development at a density of 76%to 100%of the
density allowed under the zone district which maximizes development on the site under the
zoning.
A score of one(1):The application proposes development at 56%to 75%of the density allowed
under the zone district.The applicant shall provide a covenant or other guarantee running with
the land,for which Pitkin County shall be a beneficiary,guaranteeing the representation of the
density reduction.When competing for additional square footage only,an applicant shall be
eligible for a score of one(1)if there is no opportunity to reduce density on a property.
A score of two(2):The application proposes development at 50%or less of the density allowed
under the zone district The applicant shall provide a covenant or other guarantee running with
the land,for which Pitkin County shall be a beneficiary,guaranteeing the representation of the
density reduction
Response:The property is an approximately 5-acre parcel with no opportunity to
reduce density.
D.Development Below Allowable Intensity(0-2 points;multiplier of two(2)):Consider the
extent to which the development proposed is less than the allowable intensity in terms of the
total amount of square footage of floor area potentially available as an allowed use under the
applicable zone district
A score of zero(0):The application does not commit to reduce the square footage of floor area of
development on site.
Black Diamond Land Development Corporation: Page 17 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300009
000042
A score of one(1):The application agrees to limit square footage to 56i;, to 75'',, of the square
footage of floor area potentially available under the zone district.The applicant shall provide a
covenant or other guarantee running with the land, for which Pitkin County shall be a
beneficiary,guaranteeing the representation of the intensity reduction.
A score of two(2):The application proposes development at 50ib or less of the square footage of
floor area potentially available under the zone district.The applicant shall provide a covenant or
other guarantee running with the land, for which Pitkin County shall be a beneficiary,
guaranteeing the representation of the intensity reduction.
Response: The AFR10 Zone District allows for 15,000 square feet of total floor
area. The applicant commits to no more than 10,750 square feet of combined floor 1
area on the Property representing a reduction of intensity of use to 71.3% of
footage of floor area potentially available under the zone district.
E.Clustering(0-2 points;multiplier of two(2)):Consider the extent to which the development
proposed clusters the structures proposed for development or, where applicable, clusters the
proposed development adjacent to existing or approved development on adjacent properties.
A score of zero(0):The application does not commit to clustering.
A score of one(1):The application commits to limited clustering,but additional clustering is still
possible. An applicant shall be eligible for a score of one(1) if development is not clustered and
clustering is determined by the Community Development Department to be inappropriate on a
specific property.
A score of two(2):The application clusters development to the fullest extent possible.(Ord. 023-
2000,Att. A)
Response:Given the proximity to the other homes in the area, the development
on the Property is clustered with surrounding homes to the fullest extent
possible.
In 2003, the property contained four cabins (plus two other misc. structures) all
of which have been removed with the exception of the now historically
designated Smith Cabin. Under AFR10 these structures could have remained on
the property as long as they were rendered "uninhabitable" (they could have
1 remained as studios, storage, etc.) Instead the Applicant chose to remove these
1 structures resulting in a net reduction of five structures from the Property j
thereby clustering the development on the property "to the greatest extent
possible."
9-120-036 Bonus Points
The Planning and Zoning Commission shall consider the award of bonus points as follows:
maximum score six(6)points;no multiplier).
A.Bonus points may awarded only to development applications which achieve the overall
minimum scoring threshold in Subsections 9-120-032 through 9-120-035.
Black Diamond Land Development Corporation: Page 18 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300009
000043
v �
B.The Planning and Zoning Commission shall consider the extent to which an applicant
purchases interests in land in order to preserve valuable undeveloped lands or creates
conservation easements or dedicates land located in the Agricultural Wildlife Reserve District
(AWR) of the Pitkin County Down Valley Comprehensive Plan:Future Land Use Map.
A score of zero(0):The development does not help meet the goals of the County as identified in
the Pitkin County Down Valley Comprehensive Plan regarding the preservation of open space,
agricultural and wildlife lands.
A score of one(1):The development supports the goals and objectives of the Pitkin County Down
Valley Comprehensive Plan by preserving open space,agricultural lands and wildlife lands
located in the Agriculture Wildlife Reserve(AWR)designated on the Pitkin County Down Valley
Comprehensive Plan:Future Land Use Map.The applicant must preserve no less than two(2)
times the minimum lot size in the zone district where the development is proposed.
A score of two(2):The development aggressively supports the goals and objectives of the Pitkin
County Down Valley Comprehensive Plan by preserving open space,agricultural lands and
wildlife lands located in the Agriculture Wildlife Reserve(AWR)designated on the Pitkin
County Down Valley Comprehensive Plan:Future Land Use Map.The applicant must preserve
no less than three(3) times the minimum lot size in the zone district where the development is
proposed.
Response:Due to its limited size,it is not possible for this property to compete in j
this section.
C.Creative Bonus. Bonus points shall be available to the applicant to specify other creative
methods in which the proposed development will achieve the goals of each of the categories set
forth in Subsections 9-120-032 through 9-120-035.'I'o be eligible for a bonus point, the applicant
shall specify in which category the bonus point is sought and describe the creative measure
which the applicant proposes to further the goal of the category.Only one creative bonus point
is available per category,with a total of four(4) possible bonus opportunities except to break
ties between applications.At its option, an applicant may submit for one additional creative
bonus to be considered in the event of a tie between applications.'fhe Planning and Zoning
Commission shall score the creative bonus points as follows:
A score of zero(0):The development does not further the goal or objectives of the category.
A score of one(1):The development substantially furthers the goal or objectives of the category.
Bonus for Category: "Availability and Appropriateness of Public and Private
l== Facilities and Services"-Fire Protection &Roads:
s; ! Response: The Applicant will donate to the Aspen Fire Protection District one
I third of the cost of purchasing a new Handheld Thermal Imager, one of the j
uses of which is locating people in smoke filled environments. This will be of
double value as it will then allow the AFPD to give their present unit to the
i down valley station.
Bonus for Category: "Effect on the Environment and Resource Conservation"—
Black Diamond Land Development Corporation: Page 19 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300009
0L10044
Conservation Through Construction Management:
Response: The Applicant commits to the donation of$1,500 to the Aspen Landfill
for the specific use in improvements to the Landfill's recycling infrastructure
and/or educational programs promoting recycling in the East Aspen area—
i Mountain Valley to Difficult Campground.
Bonus for Category: "Wildlife and Wildlife Habitat Protection"-Enhancement:
Response: The Applicant commits to the donation of$2,500 to the Open Space j
and Trails Board for habitat improvements on the Northstar Nature Preserve
specifically noxious weed control.
Bonus for Category: "Consistency with Land Use Goals"- Visual Impacts:
Response: The Applicant commits to limiting the maximum height of the roof i
or roofline of all new development to no more than 30 feet. This is a reduction
of 2 feet below that allowed under AFR10 Zoning.
D.Optimal Mitigation of Employment Generation.Bonus Points shall be available to the
applicant for the optimal mitigation of employment generation.The Planning and Zoning
Commission shall consider the provision of affordable housing in relation to each development
application by assigning points according to the system in this section: no minimum threshold;
maximum score three(3)points; multiplier of two (2).
1.Conversion of Existing Free Market Housing. Any applicant who commits to convert existing
free market housing located within the Aspen Area Urban Growth Boundary to deed restricted
sale housing pursuant to Subsection 3-130-020 shall be awarded three (3) points.Any applicant
who commits to convert existing free market housing located within the Rural Area to deed
restricted sale housing pursuant to Subsection 3-130-020 shall be awarded two(2) points.
Response: It is not possible for this property to compete in this section.
2.Construction of Affordable Housing.Any applicant who commits to construct sale affordable
housing on site for on-site employees pursuant to Subsection 3-130-020 shall be awarded two(2)
points.Any applicant who constructs sale affordable housing shall be awarded one (1)point.
Response: It is not possible for this property to compete in this section.
3.Dedication of Land. Any applicant who commits to dedicate land within the Aspen Area
Urban Growth Boundary pursuant to Subsection 3-130-020 shall be awarded one(1) point. (Ord.
023-2000,Att. A)
Response: It is not possible for this property to compete in this section.
Black Diamond Land Development Corporation: Page 20 of 20
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#2737283000W
000045
xhi* bi* ts
Vicinity Map
Site Plan
1041 Hazard Review
Well Permit
Balcomb & Green Letter
ISDS Permit
Augmentation Water Map
Aspen Fire Protection District Letter
Kevin Wright, District Wildlife Manager Report
Jonathan Lowsky, Wildlife Biologist Report
Holy Cross Estimate
Utilities Map
000046
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This mapldrawingfimaga a agraphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Copynght 2W5 AspenlPitkin GIS
000047
Black Diamond Land Development Company Legal Description
LEGAL DESCRIPTION:
A tract of land situated in the Southwest%of the Southwest 1/4 of Section 28,
Township 10 South, Range 84 West of the 6th Princlpal Meridian, Pitkin County,
Colorado,more particularly described as follows:
Beginning at a point whence the southwest Section Comer of Section 28 monumented
with a 1978 BLM Brass Cap bears S 45"40'58"W a distance of 943.48 feet;thence N
05"43'01"W a distance of 20.09 feet thence 70.25 feet along the arc of a tangent
curve to the right having a radius of 150.00 feet, an included angle of 26"49'55", and
the chord bears N 07041'57"E a distance of 69.61 feet;thence N 21"O6'54"E a
distance of 35.12 feet;thence S 89021'21"E a distance of 129.13 feet;thence N
000301380 E a distance of 199.93 feet;thence N 89058'37"W a distance of 613.14 feet
to a point on the east line of a tract of land described in a Deed at Reception#107531
in the Pitkin County Clerk and Recorder's Office;thence N 89"5937"W a distance of
30.96 feet;thence 3.87 feet along the arc of a non tangent curve to the right having a
radius of 100.00 feet,an included angle of 02"12'58", and the chord bears N 0305118"
E a distance of 3.87 feet;thence N 04057'46" E a distance of 85.48 feet;thence 37.69
feet along the arc of a tangent curve to the left hating a radius of 150.00 feet,an
Included angle of 14023'51",and the chord bears N 0201NO90 W a distance of 37.59
feet thence N 09626'05"W a distance of 79.54 feet;thence 4.75 feet along the arc of
a tangent curve to the right having a radius of 75.00 feet,an included angle of
3"37'45 , and the chord bears N 07*37'12'W a distance of 4.75 feet;thence 114.88
feet along the arc of a tangent curve to the right having a radius of 75.00 feet,an
Included angle of 87045'51",and the chord bears N 38"04'36" E a distance of 103.98
feet;thence 108.94 feet along the arc of a tangent curve to the right having a radius of
150.00 feet,an included angle of 41"36'390,and the chord bears S 77"14'09"E a
distance of 106.56 feet;thence 115.55 feet along the arc of a tangent curve to the left
having a radius of 350.00 feet,an included angle of 18054'58",and the chord bears S
65053'18" E a distance of 115.03 feet;thence S 75"20'47"E a distance of 120.81 feet;
thence 32.61 feet along the arc of a tangent curve to the right having a radius of
200.00 feet,an included angle of 09020'310, and the chord bears S 70040'31"E a
distance of 32.57 feet;thence S 66"00'16"E a distance of 50.39 feet;thence 26.00
feet along the arc of a tangent curve to the left having a radius of 200.00 feet,an
included angle of 07"26'59",and the chord bears S 6904345"E a distance of 25.99
feet;thence S 73"27'15" E a distance of 65.11 feet;thence 46.90 feet along the arc of
a non tangent curve to the right having a radius of 70.00 feet,an included angle of
38"23'09",and the chord bears N 53040'10"E a distance of 46.02 feet;thence N
72051'45"E a distance of 26.54 feet to the intersection with the boundary of the White
River National Forest, United States Department of Agriculture;thence along the
boundary of the White River National Forest as shown in Plat Book 437 at Page 420 in
the Pitkin County Clerk and Recorders office for the following six(6)courses:
1. S 07034'00"E a distance of 0.75 feet
2. thence S 11"04'00"E a distance of 106.22 feet;
3. thence N 89"00'00"E a distance of 24.98 feet;
4. thence S 00*3658"W a distance of 347.47 feet to a 1/1024 comer of said
Section 28 monumented with a 1978 BLM Brass Cap;
5. thence N 8962918" E a distance of 494.36 feet to a CS-SW 1/64 comer of said
Section 28 monumented with a 1978 BLM Brass Cap;
6. thence S 00"32'25"W a distance of 40.99 feet;
thence N 8905945"W a distance of 650.99 feet along the north line of the Wight Tract
described at Reception#396645 in the Pitkin County Clerk and Recorder's Office to
the point of beginning containing 173,507.78 square feet or 3.983 acres.
000048
Black Diamond Land Development Company Legal Description
JLEGALAL DESCRIPTION:t of land situated in the Southwest%of the Southwest%of Section 28,
ship 10 South, Range 84 West of the 6th Principal Meridian,Pitkin County,
rado, more particularly described as follows:
nning at a point whence the southwest Section Comer of Section 28 monumented
a 1978 BLM Brass Cap bears S 45"40'SS"W a distance of 943A8 feet;thence N
3'01"W a distance of 20.09 feet;thence 70.25 feet along the arc of a tangent
e to the right having a radius of 150.00 feet,an included angle of 26"49'55",and
hord bears N 07'41'57"E a distance of 69.61 feet;thence N 21"O6'54"E a
nce of 35.12 feet;thence S 89"21'21" E a distance of 129.13 feet;thence N
0'38" E a distance of 199.93 feet;thence N 89"58'37"W a distance of 613.14 feet
point on the east line of a tract of land described in a Dead at Reception#107531
e Pitkin County Clerk and Recorders Office;thence N 89"58'37"W a distance of
6 feet;thence 3.87 feet along the arc of a non tangent curve to the right having a
ius of 100.00 feet, an included angle of 02'12'58",and the chard bears N 03"51'18"
distance of 3.87 feet;thence N 0405746"E a distance of 85.48 feet;thence 37.69
feet along the arc of a tangent curve to the left having a radius of 150.00 feet,an
included angle of 14"23'51", and the chord bears N 02"14'09"W a distance of 37.59
feet;thence N 09'26'05"W a distance of 79.54 feet;thence 4.75 feet along the arc of
a tangent curve to the right having a radius of 75.00 feet,an included angle of
3037'45", and the chord bears N 0703712"W a distance of 4.75 feet;thence 114.88
feet along the arc of a tangent curve to the right having a radius of 75.00 feet,an
included angle of 87"45'51", and the chord bears N 38"04'36' E a distance of 103.98
feet;thence 108.94 feet along the arc of a tangent curve to the right having a radius of
150.00 feet,an included angle of 41"3939",and the chord bears S 77"14109"E a
distance of 106.56 feet;thence 115.55 feet along the arc of a tangent curve to the left
having a radius of 350.00 feet,an Included angle of 18054'5W,and the chord bears S
65'53'18"E a distance of 115.03 feet;thence S 75020'47"E a distance of 120.81 feet;
thence 32.61 feet along the arc of a tangent curve to the right having a radius of
200.00 feet,an included angle of 09020'311, and the chord bears S 70040'31"E a
distance of 32.57 feet;thence S 66900'16"E a distance of 50.39 feet;thence 26.00
feet along the arc of a tangent curve to the left having a radius of 200.00 feet,an
included angle of 07'26'59", and the chord bears S 69043145"E a distance of 25.99
feet;thence S 7302715"E a distance of 65.11 feet;thence 46.90 feet along the arc of
a non tangent curve to the right having a radius of 70.00 feet,an included angle of
38"23'09", and the chord bears N 53*40'10"E a distance of 46.02 feet:thence N
72051,450 E a distance of 26.54 feet to the intersection with the boundary of the White
River National Forest, United States Department of Agriculture;thence along the
boundary of the White River National Forest as shown in Plat Book 437 at Page 420 in
the Pitkin County Clerk and Recorder's office for the following six(6)courses:
1. S 07034'00"E a distance of 0.75 feet;
2. thence S'11004'00" E a distance of 106.22 feet;
3. thence N 8900900'E a distance of 24.98 feet;
4. thence S 00"35'58"W a distance of 347A7 feet to a 1/1024 comer of said
Section 28 monumented with a 1978 BLM Brass Cap;
5 thence N 89020'18"E a idisttance of 494.36 feat to a C-C SW 1/64 comer of said
Section 28 monumented with a 1978 BLM Brass Cap;
6. thence S 00"32'25"W a distance of 40.99 feet;
thence N 89'5945"W a distance of 650.99 feet along the north line of the Wight Tract
described at Reception#396645 in the Pitkin County Clerk and Recorder's Office to
the point of beginning containing 173,507.78 square feet or 3.983 acres.
000049
0 ) IMPROVEN
Black Diamond Land 1
A Parcel situated in the SWl/4, SWl/4 of Section 28, Township 10 South, Range 84 West of the
6th Principal Meridian, Pitkin County, Colorado
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PID# 273728300009
CU0050
I IIII�IIIIIIIIIIIIIIIIIIIIIIIIIII� a48248
+990eof 12 EXHIBIT#3
IILVIA IIIDAIS ITKIN COUNTY CO R6.80 0 a.N
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY,COLORADO,APPROVING THE BLACK DIAMOND
HOLDINGS LLC 1041 HAZARD REVIEW,CONCEPTUAL SUBMISSION,SCENIC OVERLAY
REVIEW,SPECIAL REVIEW AND GMQS EXEMPTION AND DESIGNATING THE A.R.
SMITH CABIN TO THE PITKIN COUNTY HISTORIC INVENTORY
Determination No.jS_-2003
RECITALS
I. Black Diamond Holdings LLC("Applicant")has applied to the Pitkin County Hearing Officer
("Hearing Officer")for 1041 Hazard Review,Conceptual Submission and Scenic Overlay approval to
establish a building envelope to construct a single family residenceand to preserve and expand the existing
historic residence. The Applicant is requesting special review approval to establish the property as a TDR
receiver site, in order to develop in excessof 5,750 square feet and up to 10,750 square feet of floor area.
2. The parcel is located off of Highway 82 near the Difficult Campground,and is more specifically
described in Exhibit A.
3. The parcel contains approximately 5.3 acres and is a nott-conforming size parcel in the AFR t0
zone district.
4. The parcel is located within the Rural Area of the County,was legally createdand configured prior
to May 8, 1972.and has not merged with adjacent properties,therefore,it is exempt from growth
management up to 5,750 square feet of floor area.
5. 'Me Hearing Officer considered this application at a duly noticed public hearing on Alril 15,2003.
at which time evidence and testimony were presented with respect to this application.
G. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than
15%and avoid the 100 year floodplain,that the wildfirehazard is rated as medium and can be mitigated,and
that impacts on adjacent wildlife habitat can be mitigated.
QQa
7. The Hearing Officer further finds that the scenic impacts of the residence can be mitigated,and that
the property is consistent with the special review criteria for a TDR receiver site.
N
S. The Hearing Officer further finds that the property is eligible for inclusion on the Pitkin County
Historic Inventory,and,therefore,is eligible for one additional dwelling unit of up to 5,750 square feet of N
floor area exempt from Growth Management as provided for in Pitkin County Land Use Code Section 9. *k
110-043.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby designate the A.R. Smith cabin to the Pitkin County Historic
Inventory.
BE IT FURTHER RESOLVED by the Pitkin County Community Development Hearing Officer
that he does hereby approve the Black Diamond Holdings LLC 1041 Hazard Review,Conceptual
Submission.Scenic Overlay Review,Special Reviewand GMQS Exemption,subject to the following
-- conditions,which shall run with the land and be binding on all successors in interest
000051
IIIIIIIiIIIIIII�Ililllllllllllllllllllllllllll�Ill� ®a2904M�2W
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0."
Nearing officer Determination No. 15 -1003
Page 2
I. Prior to submission of any earthmoving,access,or building permit applications,the Applicant shall
submit a 1041 Hazard Review Site Plan to the Community Development Department for approval
and recording.The mylar copy of the site plan must be signed by the owners prior to submittal for
recording. The site plan shall be amended as follows:
A. The 100 year floodplain shall be delineated.
B. Include the entire parcel on the site plan.
2. Concurrent with recordation of the 1041 site plan,the Applicant shall record a covenant in a form
acceptable to the County Attorney in which the Applicant agrees to maintain, rehabilitate and
expand the historic structure in accordance with the Secretary of the Interior's Standards for
Rehabilitation.
3. No building permit applications shall be accepted by the Pitkin County Community Development
Department until the violations documented in Exhibits B and C are resolved to the satisfaction of
the Zoning Officer and Environmental Health Department.
4. Prior to submittal of a septic permit for the new residence and/or the historic cabin,the Applicant
shall provide documentation of adequate quality and quantity of water from the existing or a new
well to the Environmental Health Department.
5. Prior to issuance of any building permit applications for the new residence or to expand the historic '
cabin,the Applicant shall:
A. Obtain an access permit to upgrade the existing driveway system,which shall be approved
by the County Engineer and the Community Development Department.
B. Obtain fireplace/woodstove permits from the Community Development Department,if
necessary.
C. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
D. Submit a Construction Management Plan in accordance with the Asset Management Plan
for review and approval by the County Engineer. The Construction Management Plan
shall indicate that vehicles associated with construction(i.e.employee traffic,
construction vehicles,staging and deliveries) shall not violate County Law,such as
parking on County rights-of-way.
E. Pay the applicable road impact fee.
F. Obtain approval of a septic permit from the Environmental Health Department. The septic
systems shall be located within the approved building envelopes,and must comply with the
setback requirements from surface and groundwater sources. A qualified professional
engineer must design the systems.
G. File a Storm Water Management Plan with the State of Colorado,if required,and provide a
copy of the approved plan to the County.
H. Contact CDOT to confirm the vaiidity of access from Highway 92,and obtain a new or
amended CDOT access permit,if requited.
1. Obtain a structural review of the bridge to confirm that it meets County standards for
heavy vehicles,such as fire trucks.
000052
IIIIIIIIIIIIIII 1111111111gillI111111 449/2 03 1te
1:29C
R 0.0 0 0.0
Hearing Officer Determination No._t6-2003
Page 3
6. The property shall be limited to a maximum of 10,750 square feet of floor area exempt from
growth management, with 5,000 square feet of that total being available only through use of two
TDRs. At building permit application,the Applicant shall surrender original Certificates of
TDRs and a copy of the deed(s)evidencing the Applicant's acquisition of the Certificates(if
applicable), in order to develop more than 5,750 and up to 10,750 square feet of floor area. The
maximum floor area of 10,750 square feet may be divided between the two structures in any
manner the Applicant desires, provided,however,that the main residence shall contain no more
than 8,250 square feet of floor area,and the expanded historic cabin shall contain no more than
3,250 square feet of floor area.
7. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the building envelope and install construction fencing around the perimeter of the
building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued
for the residence.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled or leashed at all times.
B. Native vegetation shall be maintained outside of the building envelopes.
C. Provide waste storage that complies with BOCC Ordinance No.010-2001. Verification
of compliance shall be provided prior to issuance of a certificate of occupancy.
D. Fencing outside the building envelopes shall comply with the following standards: (1)
Wood fencing shall employ three rails or less,be the round or split rail type,shall not
exceed 48 inches in height above ground level and 12 inches in width(top view), and
shall have at least 18 inches between two of the rails;(2) Wire fencing shall consist of no
more than 3 strands of smooth wire and shall not exceed 42 inches in height. All non-
conforming fencing on the property shall be brought into compliance.
E. Avoid fruit-bearing trees and shrubs in any landscaping.
F. Any vegetation removed to construct the residence or driveway shall'be replaced on the
property according to a plan approved by the Pitkin County Wildlife Biologist.
G. Areas of bare ground resulting from the demolition of existing structures outside of the
proposed building envelopes shall be revegetated with native plants according to a
landscaping plan submitted to and approved by Pitkin County.
H. Install and use approved bear-proof containers as required by BOCC Ordinance No.010-
2001,the 2001 Wildlife Protection Ordinance.
9. The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. For a distance of 10-15' around all structures,maintain vegetation at a height of 6"or less
with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be
planted within this perimeter.
B. Vegetaiiun shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be
000053
II I III � I illl �I �I�I�I Ill II�II(tll II� �/ s0429 :xsIIIIIIIIISPIIIIlII /
Hearing officer Dwermina{ion N0. 15 -2003
Page 4
two times the height of the fuel. All measurements shall be from the edges of the crowns of
the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height
of 10 feetabove the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches that extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of all structures shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
1. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
10. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined
in the UBC 1997 Section 1504. Wood shake(shingle roof coverings are prohibited. Roofs
with less than a 3:12 pitch are not permitted unless they comply with the following:
I) All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline,such as parapets,shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs,coverings,or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh K inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
1. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above•
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the wal Is.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
M. New utility lines shall be buried within roadways or driveways.
00005)4
I IIIIII II III NIIN IIIII ilf illllll f11111111NI11� as2o�12:2P
SILVIA ORV13 PITKIN COUNTY CO R •." 0 0."
Hearing officer Determination No. JCL-2003
Page S
11. The Applicant shall comply with the following geologic mitigation measures:
A. The house shall be built to the Uniform Building Code specifications for Seismic Zone II.
B. A geotechnical engineer and/or a structural engineer shall design structural mitigation
measures, if required to mitigate for debris flow or rock fall. Measures may include
constructing a berm or rock wall on the uphill side of the residences,and/or extending the
uphill foundation wall of the residences above final grade. Both the berm and the
foundation wall shall be capable of withstanding a load of at least 600 pounds per square
foot.
C. Soils testing shall be conducted to ensure appropriate foundation and drainage design.
D. Walls,doors and windows on the west and north sides of the residence shall be reinforced
to withstand the pressure from a powder or air blast from an avalanche.
12. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District.
A turnaround and pullouts will be required due to the length and width of the access road.
Approved fire sprinkler systems shall be installed in all structures.
13. No development, including grading,excavation,fill placement,berming, landscaping, well,
septic system,entry or ranch gates, and vegetation removal or disturbance shall occur outside of
the approved building envelopes unless otherwise specified in this document,such as necessary
wildfire mitigation.
14. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
15. Exterior lighting shall be prohibited on the north,south,and east sides of the residence,except for
lighting that is not visible from State Highway 82 and is approved by the Community Development
Department. All lighting shall comply with the regulations of the Land Use Code.
16. The exterior materials of the residence shall be finished in earth tones,which blend in with the
colors of the natural surrounding environment. Roof materials shall be non-reflective. Materials
samples shall be submitted to the Community Development Department for review and approval,
prior to the submittal of any building permits.
17. The Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval,unless
amended by other conditions.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes,subject to the exceptions set forth in Pitkin County Land
Use Code,§ 4-140 and C.R.S., § 24-68-105, The statutory vested rights granted herein shall expire
on April 15,2006.
000055
r
I Illl�ill llll11lliill lllll lll a/29�e 11111111111I 11111 :2W
SILVIN DAVIS PITKIN COUNTY CO R a.0! D G."
Hearing Officer Detern»na[ion No. J1-2003
_ Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
I Sth day of March,2003.
APPROVED AND ADOPTED this 15th day of April,2003.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Week iv on the$day of--m#A,--,2003.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY,COLORADO
ATTEST: ames R. True, Hearing Officer
1^ f S Date z 3 3
Janis Ttylor,Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, n Doyen,
County Attorney Community Development Director
Po 10-03
PIDN273728300009
000056
02-22-2005 14:20 FG6lFDIVSRhTEREr~
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PITKIN COUNTY
SW 114 114 Sr
BLACK DL-IMO14D 11OWING WMPANY LLC 10mishiPl 0 S RmQe 1A W Sb11i F,.Ri.
%PAIMCK U11JER 8 KROPr PC DiS1RN(_ES SROM SCCI ION I INf°S
730 F DMAhfi AVt SunT-L.200
ASPEN, CO 81511- 1D08 i t from South sooftr Line
IM Ft from Wes( Sccfion Line
(070)92(�1D68 jITM Pll 7rlDINAYCS(Nfetsrs,>_orre_i$,NAf>r t)PC1:fi41'C 10 C:OR'£11:[!Cl'.(p Et'Ft .Afs E tS tttdG T .I l:astire Norgi
ISSUANCE OF)IIIS PEIMIT DOTS NOT C014I-7k A WAVER RIGI-I'1 -
CONLIF}TO�-tSFAPt?C.`O_ VLL•
t) Tlda wap rhaR be arced in such a mry as Eb purr rro n,aierial injrsy to e:rldtogr wMer ri(Ihls. Tlu:Issun-nw.of flts p0nril
dovk nM oW in that no art a wpt occur to anoUror vestart water r(gid or Ixerdudo arx>fher OWW O(a V09tud water right Own
srr-king rc�rif m a civR court action.
2) 1 he CmWnDcRwl of ftJs wap slap be in rtrnY+fiarwe wish dvD Veda,wall Carat uc00n R'*m 2 CCIT 4024,unlrss aWOv*
of a w.rrianrxs Ixrs boat gr urdncl byte State Eroard of 6mRdnors of VYater WoR C,orstnrc4wn a�ul PUnitr orsl;,Ratiwr Gadraoforx ar arxxxrtazrce wlDr RrAo t8.
A e nvVod g hole i rt r dw cnw rd(1)(C)for UK.relaboenlerd(deeprrr *of au oxlstkrg bolo)of prxmR no.2S9tu1. If
Urs exibiing hale is nr4 deraperod mrd is rularriad,s ex,the oks wep must he u od 6,
Valor WAR Coosinrriar Pules waNn ninety(om)do K Con>t)kWON cd Us•rr w wup. The 3GDDffa w<Ur Rule 10 of the
lwa
Raporf font must he ewmplo(ad and mfiffAW to alGan that l t'mire old wep was plugged. � �Wcd AG,nciwlmw,[' .
4) llre use(A ground water imnr Oris wci Is Rrn'dod to Go prObodon,ordkxlry hamMsold purposos kwWo trot in rn urwr lwo
Ce)%Mke rmnRy dweffftV(s),Um 0ti6Wkm craw mnro Uran( 10,OD0 sCwm fret of hw W pardons and lawrw. 1 Ns rneR is to
to Watod on 122 ORDctdtl.ahe,Fhlgn Gott*_
5) l he punrplrg n"u of this wep chop not emx*d 16 GPM. Q'6) 1 bk:wol slap be Gm'*Wcd not nwmc than 2W W f rAl the location s r"gwd on uuc pewit
NO E. Parcel hlentiRrsrUon NWnlr r(pIF!):482737-2p3 DD ODt;
NO'fF- Psscrwnr5ea Sclredrrlo Nlurdrar. I200.R$'rG �-� �
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ru:wipj No.P502146BY
DATE I aSUFfi ' 02-1S-2M15 - -- _... _. _. _ .... _._FXPIR4110 DAIS 02-18-2W't
000057
may' EXHIBIT #5
BALCOMB & GREENII P.C.
ATTORNEYS AT LAW
P.O. DRe wpm 790 I(ENNETH BALCOMa
EDWARD MULHALL. JR. 818 COLORADo AvENuE (1020-2005)
SCOTT BALCOMa Gr.E oon SPRINGS, Ooi oRADo 81602 OF COUNSEL:
LAWRENCE R. GREEN
TIMOTHY A. THULSON
JOHN A.THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE ' tiro o": 970.945.6546
SPECIAL COUNSEL:
THOMAS J. HARTERT '
Fwcaar�u.a: 970.943.8902
CHRISTOPHER L. Gi EIGER WALTER D. LOWRY
ANNE MARIE MCPHEE W W W•BAL. OMBGRr BN.COM
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
January 13,2006
VIA ELECTRONIC MAIL:
Grafton Smith
grafton@graptonphoto.com
Re: Morningstar Properties Owners Association Water Rights
Dear Grafton:
Thank you for your call regarding the Morningstar Properties Owners Association s'I
pending Application in Case No. 03CW324. This Application seeks junior water rights for
the McFarlane Pipeline, storage rights at the Lodge Pond and the Benson Pond, and an
underground water right for the Black Diamond Well to provide domestic water to one
single-family dwelling. The Application in Case No.03CW324 also seeks approval of a plan
for augmentation. The,planfor augmentation will utilize WaterAllotment Contract No.461 ON
with the Basalt Water Conservancy District and water stored in the on-site in the Vulcan ag
Pond System,including the McFarlane Pond and the Black Diamond Pond,as decreed in
Case No.02CW232,to replace out-of-priority depletions associated with the Black Diamond M
Well,various ponds, and the irrigation system used for revegetation and maintenance of N
lawn and garden areas within the Morningstar development. We anticipate the Water
Court will enter a decree in this case before the end of the year.
In addition,we have requested the State Engineer approve a temporary substitute
supply plan pursuant to C.R.S. § 37-92-308(4) to be in effect during the pendency of the
Application in Case No. 03CW324. The temporary substitute supply plan will utilize the
same sources of replacement water as the augmentation plan and will also protect
diversions from the Black Diamond Well and evaporation from various ponds in the
"D°1''v'diJiSi:7n fn:.1S'.d:.^.g tl:e V°.:1C:3: IPvnd .CiySiCaii u.aL 'v'v111 De useu for M-16nu0iL aTiu
revegetation of common areas as well as private areas disturbed in construction efforts from
being called out by senior water users. We anticipate receiving the State Engineer's
approval by mid-February in time for revegetation efforts this spring.
000058
w✓
BALCOMM & GREEN, P.C.
ATTORNEYS AT LAW
Grafton Smith January 13,2006
Page 2
Please do not hesitate to call if you have any additional questions.
Very truly yours,
BALCOMB &GREEN, P.C.
By c7�/wz - .,��
Sara M. Dunn
SMD/bjz
000059
Pitk %wounty Environmental Health Departt 04 EXHIBIT #6
Permit for an Individual Sewage Disposal System
0405 Castle Creek Road, Suite 10,Aspen, Colorado 81611
Phone 970-920-5070/FAX 970-920-5077
Permit# 03068 Parcel ID# 2737-283-00-009
Type of permit New( ) Repair( ) Addition/Remodel to House( x )
Name of Owner Black Diamond Holdings
Street Address 422 p1PRr1iGV0_& C
Property legal description
Size of lot 5.6 acres, Total square footage of the house 3,250
Water source Private well
#of bedrooms in house 3. #of offices, lofts&similar sized rooms in house
Caretaker unit Total square footage of the caretaker unit
#of bedrooms in caretaker unit #of offices, lofts&similar sized rooms in caretaker unit
We ..
es� a (list -3tiecfoo[ sr1k_ie; istnrl
Permit information
Designed by Gamba&Associates
Mailing Address P.O. Box 1458, Glenwood Springs, CO 81602
Perc rate 30 Profile hole depth 20 ft Depth to groundwater or bedrock 7 It below field location
Minimum Septic tank capacity 1312 gallons Minimum Absorption area 575 sq it w/50%reduction
Comments
Septic permit approved per compliance with the engineer design and specifications dated August 14, 2003. Any
changes must be approved by this department and the design engineer prior to them being made.
Minimum horizontal distances between components of the system and physical features shall conform to the Pi&in
County ISDS regulations. There must be a minimum 104 foot setback from the field to any wells.
This system will consist of one 2000 gallon tank to accommodate an Advantex 1-AX20 system. After the effluent
leaves the re-circulation chamber, it will go to another pump which will dose the effluent through a 1.25' manifold
pipe to 5 trenches, each having 8 chambers for a total of 40 chambers. The manifold will have a minimum 2%run cn
for drainage. There must be at least 6 feet of undisturbed soil between each trench. The trenches cannot be N
buried more than 4 feet in order to maintain a 4 foot separation between the bottom of the field and any '*
potential groundwater.
a
This department does not endorse any brand of products. This permit must be kept on-site during installation.
The engineer must do a final inspection of the installation and submit an as-built letter to this department This
department must also be called for an inspection with a minimum of 48 hours advanced notice.
Permit approved by: t �� (�{ ) �f I P Date:
Plans and specifications of the proposed individual sewage disposal system have been reviewed and are considered
satisfactory. Permission is hereby granted to the owner or the agent to perform the work indicated in accordance with the Pitkin
County ISDS Regulation in effect at the time of issue. This permit becomes invalid 6 months from the date that the permit was
issued unless system construction has commenced or an extension has been approved in writing by the Department
As-built drawings must be Included with this permit before the final approval will be issued.
Installer.
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PID#273728300009
00006i
EXHIBIT#8
ASPEN FIRE PROTECTION DISTRICT
420 East Hopkins
Aspen, Colorado 81611
January 13, 2006
Grafton Smith
0187 West Lupine Drive
Aspen, Colorado 81611
Ref: Black Diamond,Independence&Popcornland
Dear Grafton:
This is to acknowledge the great benefit that the installation of the pond,tank and
attached dry hydrants in the Morning Start Subdivision represents to our fire fighting
capabilities in the East Aspen,Difficult Campground, Independence Pass area We will
be able to tap these resources for responses to both house and wild fire emergencies.
Local residents and users of Highway 82 and Difficult Campground will also benefit
from the emergency phone which being installed next to the entrance to the campground.
Your clients offers to fund its expenses and maintenance for a cumulative 15 more years
(20 years total including Oxenberg commitment)will ensure that it provides its service
consistently into the future.
Your clients additional offer to fund the purchase of a new Thermal Imager for the Aspen
Station will have countywide benefits as this will allow us to then move our older
existing unit to our down valley station so that both stations are similarly equipped.
Thank you for you and your client's efforts on the AFPD's behalf.
Cq
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Ed Van Walraven
Fire Marshall
000002
E7,.,,.BIT#9
STATE OF `01ARApO
COLORADO
o
Bill Owens,Governor
DEPARTMENT OF NATURAL RESOURCES 'J
_ DIVISION OF WILDLIFE 3�r91'OF'�~O
AN EQUAL OPPORTUNITY EMPLOYER For Wildlife-
RussellGeorge, Director For People
6060 Broadway
Denver, Colorado 80216 _
Telephone: (303) 297-1192
2-11-03
Pitkin County Community Development
130 S. Galena.
Aspen, CO 81611
RE: Black Diamond Holdings
Dear Suzanne:
This property is located adjacent to elk winter range and within tfi mile of an elk production area.
However, these are located on the hillside and ridge to the west of the lot. The lot lies adjacent to the
Roaring Fork River and its associated riparian habitat. In addition, black bears inhabit the area and
Will forage on the mountain shrub hillside and ridge overlooking the subdivision, as well as, along the
riparian area. in the past there has been a number of human-bear conflicts and the owners' need to be
aware of this fact and learn how to peacefully co-exist with bears and other wildlife. The proposed
building envelopes lie within an existing subdivision and are surrounded by other existing homes,
cabins, outbuildings, and disturbance. Expansion of the cabin and the construction of a new residence
should not have any significant additional impacts to wildlife.
The following recommendations will help to minimize wildlife impacts:
1. maintain as much of the native vegetation outside the building envelopes as possible,
especially in the upper lot with the aspen and large conifer trees
2, restrict to 1 dog with a kennel restriction. The kennel should be built before the C.O. is cv
issued. In addition, there should be no dogs brought on site by construction workers. This M
needs to be adequately relayed to the contractors and enforced
3. all trash be kept in approved bear proof garbage containers. All outside door handles
should be the round versus lever type of handles in order to minimize the bear's ability to
gain entry into the home. I would strongly suggest a home cooling system be installed
other than open doors and windows as this is the primary way bears gain entry. All bird
feeders, including hummingbird feeders, should be hung away from the windows and be
10' from the ground, suspended between 2 trees with a seed catchment pan to catch
discarded seeds. Pets should_not be fed outside.
4. Landscaping should not include any nut, berr;, or fruit p.Ldu=img =- e or shrub ;n order to
minimize an attractant for bears.
5. Homeowners be made aware that the DOW is not liable for damages by bears to real or
DEPARTMENT OF NATURAL RESOURCES, Greg E.Walcher,Executive Director
WILDLIFE COMMISSION,Rick Enstrom,Chair•Robert Shoemaker,Vice-Chair•Marianna Raftopoulos, Secretary
Members,Bernard Black•Tom Burke•Philip James•Brad Phelps •Olive Valdez
Ex-Officio Members,Greg E.Walchar and Don Ament - -
000063
personal property. Homeowners should be provided brochures on living with wildlife.
6. Maintain any snags for cavity nesters. If the snag becomes a safety hazard, consideration
should be given to topping it instead of removing the entire tree.
7. Any disturbed areas be revegetated with native vegetation with implementation of a weed --
m"gement program.
Thank you for the opportunity to comment. If you have any questions, please give me a call.
Sincerely,
Kevin Wright
District Wildlife Manager
Aspen
000064
PITgIN COUNTY NATURAL RESOURCES
EXHIBIT#10
TO: Suzanne Wolff, Community Development
FROM: Jonathan Lowsky,Wildlife Biologist
SUBJECT: Black Diamond Holdings1041 Hazard Review, Conceptual Submission
DATE: 03/05/2003
The application proposes development of a single-family residence and the renovation of an
existing historic building on a 5.3 acre lot. This lot is situated on the west banks of the Roaring
Fork River at the base of Richmond Hill and across the river from the entrance to Difficult .
Campground. The lot sits on an aspen-dominated alluvial fan with some Engehnann spruce and
Douglas fir. Given the ages of the trees on the property,it is likely that the property was cleared
sometime in the last 60 years. An unnamed ephemeral creek flows in a draw that cuts through
the northwest comer of the property. Riparian vegetation in this draw is in very good condition.
The alluvial fans along the base of Richmond Hill are actively used by elk as transition range
between summer and winter ranges and lie within an active elk migration pattern. The northeast
facing slopes of Richmond Hill immediately above the proposed site are actively used by elk for ,
calving (with calving occurring more than a'h of a mile from the proposed building envelope),
and provide critical winter range,winter concentration areas, and severe winter range. The
property lies within outstanding black bears habitat and bears are very active in this area.
Given the above information,the following conditions will reduce the impacts of the proposed
development on ecological communities:
1. The applicant must comply with all of the General Standards as described in §3-80.80(A) of
the Land Use Code.
2. Dogs must be kenneled or leashed at all times 1§3-80.80(C)(2)].
3. Wood fencing shall employ three rails or less,be the round or split rail type, shall not exceed cn
48 inches in height above ground level and 12 inches in width(top view), and shall have at N
least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands
of smooth wire and shall not exceed 42 inches in height. N
ft
4. All non-conforming fencing on the property must be brought into compliance and any wire
fences not necessary for the retention of livestock should be removed to facilitate wildlife
movement
5. Native vegetation must be maintained outside the building envelopes as per Section 3-
80.80(A)(3).
6. Building envelopes must be set back.20 feet from the riparian area of the ephemeral draw and
50 feet from the Roaring Fork River as per Section 3-50.40(A) of the Land Use Code. )
7. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.8 G)(3
ou0os�
of the Land Use Code.
8_ Areas of bare ground resulting from the demolition of existing structures outside of the
proposed,building envelopes must be revegetated with native plants according to a
landscaping plan submitted to and approved by Pitkin County (See the Pitkin County
Revegetation Guide).
9. When existing vegetation must be altered, for an access road,utility line or similar uses, an
applicant will cooperate with the County and the Colorado Division of Wildlife to devise a
compensation plan acceptable to the County. Such compensation plan may substitute (in a
nearby area on the subject property) vegetation equal in type and quantity to that being
removed to mitigate effects on wildlife species.
10. Installation and use of approved bear-proof trash containers as required by the 2001 Wildlife
Protection Ordinance. Verification of this condition should be required before issuance of a
certificate of occupancy
11_ Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in this area.
12, An orange safety fence must be placed around all construction sites to prevent any
unnecessary vegetation disturbance during construction. Verification of this condition
should be required prior to any construction activity.
13.Any areas disturbed outside the building envelope must be revegetated with native plants
according to a revegetation plan submitted by the applicant and approved by the County prior
to issuance of a certificate of occupancy. This plan must contain the following elements:
a. The name of the project;
b. The name, address and phone number of the person preparing the Revegetation Plan;
c. The name, address and phone number of the person(s)responsible for executing the
plan;
d. If applicable,the availability of irrigation water and, if available, the amount of water,
the name of the ditch company and the method of delivering water to the site;
e. A brief narrative describing the planting and seeding methods;
f. A description by common and scientific name of the species of plants to be used, seed
ratios and source, and container size or caliper measurement of plants to be installed;
g. A drawing of the site with the location of plants to be installed shown clearly.
000066
V
JAN. 9• 2006 I ; LIrM nULY Inuaa cncnvI -
E OBIT #11
}IOLY CROSS ENERGY
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FAX MANSMIUAL SHE I
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TO: GRAFTON MARSHALL SMITH
0187 Lupine Drive West DATE 1-9-06
Aspan, Colorado 81611 i
FAX#970 925-7120i
FROM: JEFF FRANKE t
3799 HIGHWAY 82 - P.O. BOX 2150
GLENWOOD SPRINGS, COLORADO 81602 {
MY FAX# is (970) 945.4081 OR DIRECT PHONE(970) 947-5416
ifranke0hol cross.
Number of pages (including this cover sheet): 1 j
i
SUBJECT: OVERHEAD POWER LINE REMOVAL
I
Message: THE ESTIMATED COST TO GO FROM POPCORN LANE TO THE NEXT POLE WEST.
IS $13,800.00. THE DISTANCE IS APPROX 240'. TO BURY THE LINE ACROSS HIGHWAY
WILL BE ROUGHLY THE SAME COST. AS YOU MENTIONED THIS DOES NOT 1NCLUDF ANY N
TRENCHING COSTS. CALL ME IF YOD HAVE ANY QUESTIONS, 947-3416 JEFF i M
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000067
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Land ( Rio°/ ndependenc Roarir�SF�rkxl`er
Land LL'C
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Cabin
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O.'nbag << `r R Lines to be Removed
� ' MCCluskey/ Oxenberg Lines to
b� be buried via their GMQS FAR
1 11 .
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Date: January 12, 2006
To: Pitkin County Community Development Department
From: Black Diamond Land Development Corporation
Re: Permission to submit Land Use Application for the Black Diamond Land
Development Corporation property at 10 Popcorn Lane, Aspen, Colorado.
Parcel ID Number: 273728300009
Black Diamond Land Development Corporation hereby authorizes Grafton M. Smith to
submit an application for and otherwise represent Black Diamond Land Development
Corporation in matters concerning,the Pitkin County 2006 Rural Area Residential
Growth Management Competition for Additional Floor Area.
Black Diamond Land Development Corporation
By:Jonathan M. mas,Attorney- -Fact
l 1Z
Date \
C\WINMDTempmuy Inmmen FI.VMTc.,nu,In...P1000LK 13BV31mk Diamond GMQS of 112%2 PM
onnneg
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
BLACK DIAMOND LAND DEVELOPMENT CORPORATION
PITKIN COUNTY (hereinafter COUNTY)and
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
GMQ S Application (hereinafter,THE PROJECT).
2. APPLICANT understands and agrees that Pi&in County Ordinance No. 011-2005 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay,in full,the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size,nature or scope of the proposed
project,it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval,unless current billings are paid in full prior to decision.
6. Therefore,APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness,APPLICANT shall pay a base fee in the
amount of S which is based on_hours of staff time,and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%,then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
81AkK DfA^ .Vb GA JA DFv`Govn6./T cd4pe/C47(aq/
6 : Th-m-MiRJ M. 7JloM45 PtE6iDGvT
Cindy Houben Print Name — —>
Community Development Director
Sigaatt-dre
Date: 14/1 to e
\ ailing Addiesk
+6k•p d -r 4f 700
Effective 5/25/05
Qcounty\adtnin\fonna\agreenrent to pay
000070
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q387486-8
Schedule A Cost. Ref.:
Property Address:
ASPEN, CO 81611
1. Effective Date: December 19, 2005 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Loan Policy 10-17-92 $13,000,000.00
Proposed Insured:
BANK MIDWEST, N.A.,
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
SEE ATTACHED
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
ODUU(1
Our Order No. Q387486-8
4 Titletothe estate orintenestc eredtweinisattheeffectiveclateFerecfvestedirr
POPCORNLAND, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A
INDEPENDENCE LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO
PARCEL B
BLACK DIAMOND LAND DEVELOPMENT CORPORATION, A COLORADO CORPORATION AS
TO PARCEL C
MCFARLAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO
PARCEL D
000072
vA
Our Order No: Q387486-8
LEG4LCE3CRFnQN
PARCEL A:
A PARCEL OF LAND BEING A PORTION OF A PARCEL DESCRIBED AT RECEPTION # 430209 IN
THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE BEING LOCATED IN THE SW 1/4 SW
1/4 OF SECTION 28, TOWNSHIP 10 SOUTH, RANGE 84 WEST, 6TH PRINCIPLE MERIDIAN,
PITKIN COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 236
AT PAGE 328 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE WHENCE THE
SOUTHWEST SECTION CORNER OF SECTION 28 MONUMENTED WITH A 1978 BLM BRASS CAP
BEARS S 15 DEGREES 2627" W A DISTANCE OF 788.46 FEET; THENCE ALONG EAST LINE
OF SAID BOOK 236 AT PAGE 328 N 00 DEGREES 44'48" E A DISTANCE OF 99.13 FEET TO
A POINT ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 377 AT PAGE 161
IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID SOUTH LINE
OF SAID BOOK 377 AT PAGE 161 S 90 DEGREES 00'00" E A DISTANCE OF 85.35 FEET;
THENCE ALONG THE EAST LINE OF SAID BOOK 377 AT PAGE 161 N 00 DEGREES 44'48" E
A DISTANCE OF 32.49 FEET; THENCE ALONG THE NORTH LINE OF SAID BOOK 377 AT PAGE
161 N 90 DEGREES 00'00" W A DISTANCE OF 85.35 FEET TO THE INTERSECTION WITH
THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN A DEED OF PLINE AT RECEPTION
#107531 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG SAID
EAST LINE OF SAID TRACT N 00 DEGREES 44'48" E A DISTANCE OF 88.00 FEET;THENCE
S 89 DEGREES 58'37 E A DISTANCE OF 314.98 FEET; THENCE S 00 DEGREES 01,23" W
A DISTANCE OF 197.07 FEET;THENCE S 89 DEGREES 59'59" W A DISTANCE OF 230.31
FEET; THENCE S 00 DEGREES 44'48" W A DISTANCE OF 22.40 FEET; THENCE N 90
DEGREES 00'00" W A DISTANCE OF 87.16 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND LOCATED IN THE SW 1/4 SW 1/4 OF SECTION 28. TOWNSHIP 10
SOUTH, RANGE 84 WEST, 6TH PRINCIPLE MERIDIAN, PITKIN COUNTY, COLORADO, ALSO
BEING IN THE PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 112127 OF THE PITKIN
COUNTY CLERK AND RECORDER'S OFFICE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST SECTION LINE OF SECTION 28 WHENCE THE
SOUTHWEST SECTION CORNER OF SECTION 28 MONUMENTED WITH A 1978 BLM BRASS CAP
BEARS S 00 DEGREES 44'48" W A DISTANCE OF 1191.54 FEET; THENCE ALONG SAID WEST
SECTION LINE OF SAID SECTION 28 N 00 DEGREES 44'48" E A DISTANCE OF 179.22
FEET TO THE S 1/16 CORNER OF SECTION 28 ALSO BEING A 1978 BLM BRASS CAP FOUND
IN PLACE, THIS LINE BEING THE BASIS OF BEARING; THENCE ALONG THE NORTH LINE OF
THE SW 1/4 SW 1/4 OF SAID SECTION 28 ALSO BEING THE NORTH LINE OF SAID
RECEPTION #112127 N 88 DEGREES 43'40" E A DISTANCE OF 657.73 FEET TO THE C-W-SW
1/64 CORNER ALSO BEING A 1978 BLM BRASS CAP FOUND IN PLACE; THENCE ALONG THE
EAST LINE OF SAID RECEPTION#112127 FOR THE FOLLOWING FOUR(4) COURSES:
1. THENCE S 00 DEGREES 35'53" W A DISTANCE OF 94.71 FEET;
2. THENCE S 68 DEGREES 05'00" E A DISTANCE OF 60.45 FEET;
3. THENCE S 61 DEGREES 29'00" E A DISTANCE OF 48.25 FEET;
000073
Our Order No: Q387486-8
LEI?ALCEBMFnCN
4. THENCE S 12 DEGREES 45'00" E A DISTANCE OF 23.62 FEET TO THE INTERSECTION
WITH THE BOUNDARY OF THE WHITE RIVER NATIONAL FOREST, UNITED STATES DEPARTMENT
OF AGRICULTURE;
THENCE ALONG SAID WHITE RIVER NATIONAL FOREST BOUNDARY FOR THE FOLLOWING TWO
(2) COURSES:
1. S 12 DEGREES 45'00" E A DISTANCE OF 7.42 FEET;
2. THENCE S 07 DEGREES 34'00" E A DISTANCE OF 78.98 FEET;
THENCE S 72 DEGREES 51'45" W A DISTANCE OF 26.54 FEET; THENCE 46.90 FEEL' ALONG
THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET, AN
INCLUDED ANGLE OF 38 DEGREES 23'09", AND THE CHORD BEARS S 53 DEGREES 4U 10" W
A DISTANCE OF 46.02 FEET; THENCE N 73 DEGREES 27 15" W A DISTANCE OF 65.11
FEET; THENCE 26.00 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 200.00 FEET, AN INCLUDED ANGLE OF 07 DEGREES 26'59", AND THE CHORD
BEARS N 69 DEGREES 43'45" W A DISTANCE OF 25.99 FEET; THENCE N 66 DEGREES
00'16" W A DISTANCE OF 50.39 FEET; THENCE 32.61 FEET ALONG THE ARC OF A TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN INCLUDED ANGLE OF 09
DEGREES 20'31", AND THE CHORD BEARS N 70 DEGREES 40'31" W A DISTANCE OF 32.57
FEET; THENCE N 75 DEGREES 20'47" W A DISTANCE OF 120.81 FEET; THENCE 115.55
FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 350.00
FEET, AN INCLUDED ANGLE OF 18 DEGREES 54'58", AND THE CHORD BEARS N 65 DEGREES
53'18" W A DISTANCE OF 115.03 FEET; THENCE 108.94 FEET ALONG THE ARC OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET, AN INCLUDED ANGLE OF
41 DEGREES 36'39", AND THE CHORD BEARS N 77 DEGREES 14'09" W A DISTANCE OF
106.56 FEET; THENCE 114.88 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 75.00 FEET, AN INCLUDED ANGLE OF 87 DEGREES 45'S1", AND THE
CHORD BEARS S 38 DEGREES 04'36" W A DISTANCE OF 103.98 FEET; THENCE N 89
DEGREES 15'12" W A DISTANCE OF 158.82 FEET TO THE POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
28, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN
COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE SOUTHWEST SECTION CORNER OF SECTION 28
MONUMENTED WITH A 1978 BLM BRASS CAP BEARS S 45 DEGREES 40158" W A DISTANCE OF
943.48 FEET; THENCE N 05 DEGREES 43'01" W A DISTANCE OF 20.09 FEET; THENCE
70.25 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
150.00 FEET, AN INCLUDED ANGLE OF 26 DEGREES 49'55", AND THE CHORD BEARS N 07
DEGREES 41'57" E A DISTANCE OF 69.61 FEET; THENCE N 21 DEGREES 06'54" E A
DISTANCE OF 35.12 FEET; THENCE S 89 DEGREES 2F21" E A DISTANCE OF 129.13
FEET; THENCE N 00 DEGREES 30'38" E A DISTANCE OF 199.93 FEET; THENCE N 89
DEGREES 58'37" W A DISTANCE OF 613.14 FEET TO A POINT ON THE EAST LINE OF A
TRACT OF LAND DESCRIBED IN A DEED AT RECEPTION #107531 IN THE PITKIN COUNTY
CLERK AND RECORDER'S OFFICE; THENCE N 89 DEGREES 58'37" W A DISTANCE OF 30.96
FEET; THENCE 3.87 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
000074
Our Order No: Q387486-8
L93OLCEBMPTICN
HAVING A RADIUS OF 100.00 FEET, AN INCLUDED ANGLE OF 02 DEGREES 12'58", AND
THE CHORD BEARS N 03 DEGREES 51' 18" E A DISTANCE OF 3.87 FEET; THENCE N 04
DEGREES 5746" E A DISTANCE OF 85.48 FEET; THENCE 37.69 FEET ALONG THE ARC OF
A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET, AN INCLUDED ANGLE
OF 14 DEGREES 23'51", AND THE CHORD BEARS N 02 DEGREES 14'09" W A DISTANCE OF
37.59 FEET; THENCE N 09 DEGREES 2605" W A DISTANCE OF 79.54 FEET; THENCE
119.63 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
75.00 FEET, AN INCLUDED ANGLE OF 91 DEGREES 23'36", AND THE CHORD BEARS N 36
DEGREES 15'44" E A DISTANCE OF 107.35 FEET; THENCE 108.94 FEET ALONG THE ARC
OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET, AN INCLUDED
ANGLE OF 41 DEGREES 36 39", AND THE CHORD BEARS S 77 DEGREES 14'09" E A
DISTANCE OF 106.56 FEET; THENCE 115.55 FEET ALONG THE ARC OF A TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 350.00 FEET, AN INCLUDED ANGLE OF 18 DEGREES
54'58", AND THE CHORD BEARS S 65 DEGREES 53'18" E A DISTANCE OF 115.03 FEET;
THENCE S 75 DEGREES 20'47" E A DISTANCE OF 120.81 FEET; THENCE 32.61 FEET
ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET,
AN INCLUDED ANGLE OF 09 DEGREES 20'31", AND THE CHORD BEARS S 70 DEGREES 40'31"
E A DISTANCE OF 32.57 FEET: THENCE S 66 DEGREES 00'16" E A DISTANCE OF 50.39
FEET;THENCE 26.00 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 200.00 FEET, AN INCLUDED ANGLE OF 07 DEGREES 26 59", AND THE CHORD
BEARS S 69 DEGREES 43'45" E A DISTANCE OF 25.99 FEET; THENCE S 73 DEGREES
27 15" E A DISTANCE OF 65.11 FEET;THENCE 46.90 FEET ALONG THE ARC OF A NON
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET, AN INCLUDED ANGLE OF
38 DEGREES 23'09", AND THE CHORD BEARS N 53 DEGREES 40'10" E A DISTANCE OF
46.02 FEET; THENCE N 72 DEGREES 51'45" E A DISTANCE OF 26.54 FEET TO THE
INTERSECTION WITH THE BOUNDARY OF THE WHITE RIVER NATIONAL FOREST, UNITED
STATES DEPARTMENT OF AGRICULTURE; THENCE ALONG THE BOUNDARY OF THE WHITE RIVER
NATIONAL FOREST AS SHOWN IN PLAT BOOK 437 AT PAGE 420 IN THE PITKIN COUNTY
CLERK AND RECORDER'S OFFICE FOR THE FOLLOWING SIX (6)COURSES:
1. S 07 DEGREES 34'00" E A DISTANCE OF 0.75 FEET;
2. THENCE S 11 DEGREES 04'00" E A DISTANCE OF 106.22 FEET;
3. THENCE N 89 DEGREES WOO" E A DISTANCE OF 24.98 FEET;
4. THENCE S 00 DEGREES 35'58" W A DISTANCE OF 347.47 FEET TO A 1/1024 CORNER OF
SAID SECTION 28;
5. THENCE N 89 DEGREES 20'18" E A DISTANCE OF 494.36 FEET TO A C-S-SW 1/64
CORNER OF SAID SECTION 28 MONUMENTED WITH 1978 BLM BRASS CAP;
6. THENCE S 00 DEGREES 32'25" W A DISTANCE OF 40.99 FEET;
THENCE N 89 DEGREES 59'45" W A DISTANCE OF 650.99 FEET ALONG THE NORTH LINE OF
THE WIGHT TRACT DESCRIBED AT RECEPTION #396645 IN THE PITKIN COUNTY CLERK AND
RECORDER'S OFFICE TO THE POINT OF BEGINNING.
PARCEL D:
A PARCEL OF LAND LOCATED IN THE SW 1/4 SW 1/4 OF SECTION 28, TOWNSHIP 10
SOUTH, RANGE 84 WEST, 6TH PRINCIPLE MERIDIAN, PITKIN COUNTY, COLORADO, ALSO
BEING IN THE PARCELS OF LAND DESCRIBED IN RECEPTION NUMBERS 107531 AND 112127
OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST SECTION LINE OF SECTION 28, ALSO BEING ON THE
000075
Black Diamond Land Development Corporation:
Adjacent Homeowners
273728300610 273728300005
MEENS ROBERT &JACQUELINE BATISTA HOLDINGS LLC
361 S REDLANDS RD 4669 S ADOBE LN
GRAND JUNCTION, CO 81503 LITTLETON, CO 80120
273728300006
273728300008 PARVENIR COMPANY LLC
MCFARLAND HOLDINGS LLC 0900 CABALLO RD
1601 ARAPAHOE ST STE 700 CARBONDALE, CO 81623
DENVER, CO 80202
273728300014
273728300017, 273728300527& WIGHT RUSSELL B JR & MELISSA
273728300002 278 S MAYA PALM DR
MEENS ROBERT F &JACQUELINE BOCA RATON, FL 33432-7927
MEENS LAWRENCE K
361 S REDLANDS RD
GRAND JUNCTION, CO 81503 273728300015
ASPEN PARK ASSOCIATION
TRUSTEE
273728300010 C/O COOPER STIRLING
MCFARLAND HOLDINGS LLC 810 BONITA DR
1601 ARAPAHOE ST STE 700 ASPEN, CO 81611-1010
DENVER, CO 80202
273728300011
273728300019 MCCLUSKEY MAUREEN
POPCORN LAND LLC PO BOX 12381
C/O WRIGHT & ADGER LLP ASPEN, CO 81612
1601 ARAPAHOE #700
DENVER, CO 80202
273729300851
UNITED STATES FOREST SERVICE
273728300007 806 WEST HALLAM
BENSON E STEPHEN ASPEN, COLORADO 81611
885 PARK AVE PENTHOUSE B
NEW YORK, NY 10021
Black Diamond Land Development Corporation:
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300009
000076
PITKIN COUNTY PRE-APPLIC*ION CONFERENCE SUMMARY
PROJECT: Black Diamond Land Development Corp.GMQS Competition for Additional Floor Area in the Rural Area
LOCATION: Popcorn Lane; off of Highway 82 near Difficult Campground turnoff
APPLICANT: Black Diamond Land Development Corp. PID#2737283000009
REPRESENTATIVE: Grafton Smith
DATE: November 18,2005 PLANNER: Suzanne Wolff,920-5093
Type of Application: GMQS Competition for Additional Floor Area in the Rural Area
Description of Project/Development: The Applicant is requesting additional floor area for a single family residence in order
to develop up to 10,750 square feet of floor area on the parcel (which contains an existing historic residence that has been
expanded).
Growth Management application deadline is January 1 S,2006.
Land Use Code Sections to be addressed in letter of request(agglication):
Section 9-120-031: Standards and criteria for growth management competition and scoring
Review by: P&Z and BOCC
Public Hearing? YES,at P&Z. The applicant shall post a public notice sign on the property at least 15 days prior to the
hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the
hearing with the return address of the Community Development Department(copy of notice to be obtained from the
Community Development Department). The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing.
Staff will refer to: County Engineer, Aspen Fire,East Aspen Caucus,Open Space&Trails,Historic Preservation Officer
FEES: $5,462 (make check payable to `Pitkin County Treasurer")
$4,032 Planning Office fee(non-refundable; fee is based on 18 hours of staff time; if staff review time exceeds 21.6
hours,the Applicant will be charged for additional time in excess of 18 hours at a rate of$224/hour)
$310 Clerk
$622 Engineer
$448 Historic Preservation Officer
$50 Public Notice fee
To apply,submit 16 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request,providing background on prior approvals and permits,and addressing
compliance with the Code sections listed above.
2. Site Plan
3. Proof of ownership of subject property
4. Parcel description,including legal description and vicinity map
5. Total fee for review of the application
6. Signed fee agreement(1 copy)
7. Consent from owner(s)to process application and authorizing the representative(1 copy)
8. List of all adjacent property owners and mineral estate owners(1 copy)
9. Copy of this preapp form (1 copy)
NOTES.
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE
SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION(IFPOSSIBLE). THE
PARCEL IDS SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre-application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staffs interpretations based upon representations
of the applicant. Additional information may be required upon a complete review of the application.
000077
.y -
o •
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAELING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
/ \\ CODE SECTION 4-90
1, , being or representing an
Applicant to the Pitkin County Development Permit,personally certify that I have complied with the
public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the
following manner:
1. By mailing of notice,a copy of which is attached hereto,by first-class,postage prepaid U.S.Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property,as
indicated on the attached list,on the j4day of ffi"4A ,200�(which is Zdays prior to the public
hearing date of y (ffl . The names and addresses of the adjacent property owners shall be those
on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
2. By mailing of notice,a copy of which is attached hereto,by first-class,postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s)of the mineral estate underneath the subject
property,as indicated on the attached list,on the !day of m ,200k(which is 3Z.days prior
to the public hearing date of N 4 . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property(as it could be seen from the nearest
public way)and that said sign was posted and visible continuously from the O'day of
(WWR 200.bto the 't, day of NPalt_ ,200(. (Must be posted for at least fifteen(15) full
days before the hearing date). A photograph of the posted sign i hereto.
Applicant's name Signature
Signed before me this 3 day ofn
200�by
WITNESS MY HAND AND OFFICIAL ...P2e</,
M o ssion a ires: •••
y oMM$aron�xpr: 2.
08/22/2009
Notary Public
Notary Public's Signature gfSOF
i
n n n nngo
PUBLIC NOTICE
RE: 2006 RURAL AREA RESIDENTIAL GMQS COMPETITION FOR ADDITIONAL
FLOOR AREA
NOTICE IS HEREBY GIVEN that a public hearing will W held on Tuesday,April 4,2006 at a
meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning Commission,in Plaza
One Conference Room,530 East Main Street,Aspen,Colorado to score the following applications
for growth management allotments for additional floor area in the Rural Area:
• Elm Point Industrial,LLC(P012-06)(21"Innerbelt Busine,St.Louis,Missouri
63114):Requesting 2,500 square feet of additional floor area in ceder to develop a
single-family residence and accessory buildings that total 8,250 square feet of floor area
The property is described as Tract 7,J.H.McCabe Ranch Tracts. The State Parcel
Identification Number for this property is 2645-054-04-W. For finther information
contact Ezra Louthis,at the Pitkin County Community Development Department(970)
920-5092.
• Black Diamond Land Development corporation(P013-06)(1601 Arapahoe Street,
Suite#700,Denver,CO WM):Requesting 5,000 square feet of additional floor area in
order to develop a total of up to 10,750 square feet of floor area in two single family
residences—one new and one historic.The property is located at 10 Popcorn Lane,and is
described as a Tract of land situated in the SW/SW/4 of Section 28,Township 10
South,Range 84 West of the 611 P.M. The State Parcel Identification Number for this
property is 2737-283-00-009. For further information contact Suzanne Wol$at the
Pitkin County Community Development Department(970)920-5093.
• Independence Land LLC(P014-06)(420 East Main Street,Suite#210,Aspen,CO
81611): Requesting 5,000 square feet of additional floor area in order to construct a
single family residence of up to 10,750 square feet of floor area. The property is located
at 41 Popcom Lane and is described as a parcel of land located in the SWl/4 SWIM of
Section 28,Township 10 South,Range 84 West,of the 616 P.M. The State Parcel
Identification Number for this property is 2737-283-00-610. For further information,
contact Suzanne Wolff,at the Pitkin County Community Development Department(970)
920-5093.
• Popcoraland LLC(P015-06)(1601 Arapahoe Street,Suite#700,Deaver,CO 80202):
Requesting 2,500 square feet of additional floor area in the Rural Area in order to
construct a residence of up to 8,250 square feet of floor area. The property is located at
170 Popcorn Lane and is described as a parcel of land located in the SWI/4 SWl/4 of
Section 29,Township 10 South,Range 84 West,of the 6ih P.M. The State Parcel
Identification Number for this property is 2737-283-00-019. For further information,
contact Suzanne WoIM at the Pitkin County Community Development Department(970)
920-5093.
s/Peter Thomas Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on February 26,2006.
Piticiii County Accowrt 002.02.
Public Private x_
00Q0 I `1'
Black Diamond Land Development Corporation:
Adjacent Homeowners
273728300610 273728300005
MEENS ROBERT &JACQUELINE BATISTA HOLDINGS LLC
361 S REDLANDS RD 4669 S ADOBE LN
GRAND JUNCTION, CO 81503 LITTLETON, CO 80120
273728300006
273728300008 PARVENIR COMPANY LLC
MCFARLAND HOLDINGS LLC 0900 CABALLO RD
1601 ARAPAHOE ST STE 700 CARBONDALE, CO 81623
DENVER, CO 80202
273728300014
273728300017, 273728300527& WIGHT RUSSELL B JR&MELISSA
273728300002 278 S MAYA PALM DR
MEENS ROBERT F&JACQUELINE BOCA RATON, FL 33432-7927
MEENS LAWRENCE K
361 S REDLANDS RD
GRAND JUNCTION, CO 81503 273728300015
ASPEN PARK ASSOCIATION
TRUSTEE
273728300010 C/O COOPER STIRLING
MCFARLAND HOLDINGS LLC 810 BONITA DR
1601 ARAPAHOE ST STE 700 ASPEN, CO 81611-1010
DENVER, CO 80202
273728300011
273728300019 MCCLUSKEY MAUREEN
POPCORN LAND LLC PO BOX 12381
C/O WRIGHT & ADGER LLP ASPEN, CO 81612
1601 ARAPAHOE #700
DENVER, CO 80202
273729300851
UNITED STATES FOREST SERVICE
273728300007 806 WEST HALLAM
BENSON E STEPHEN ASPEN, COLORADO 81611
885 PARK AVE PENTHOUSE B
NEW YORK, NY 10021
Black Diamond Land Development Corporation:
2006 Rural Area Residential Growth Management Competition for Additional Floor Area
PID#273728300009
000080
4./
PUBLIC NOTICE
RE: 2006 RURAL AREA RESIDENTIAL GMQS COMPETITION FOR ADDITIONAL
FLOOR AREA
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,April 4,2006 at a
meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning Commission, in Plaza
One Conference Room, 530 East Main Street,Aspen,Colorado to score the following applications
for growth management allotments for additional floor area in the Rural Area:
• Elm Point Industrial,LLC (P012-06) (2199 Innerbelt Busine, St. Louis,Missouri
63114): Requesting 2,500 square feet of additional floor area—in order to develop a
single-family residence and accessory buildings that total 8,250 square feet of floor area.
The property is described as Tract 7,J.H. McCabe Ranch Tracts. The State Parcel
Identification Number for this property is 2645-054-04-00-7. For further information
contact Ezra Louthis, at the Pitkin County Community Development Department(970)
920-5092.
• Black Diamond Land Development Corporation(P013-06) (1601 Arapahoe Street,
Suite#700,Denver, CO 80202): Requesting 5,000 square feet of additional floor area in
order to develop a total of up to 10,750 square feet of floor area in two single family
residences—one new and one historic.The property is located at 10 Popcorn Lane , and
is described as a Tract of land situated in the SW'/4 SW'/4 of Section 28, Township 10
South, Range 84 West of the 61h P.M. The State Parcel Identification Number for this
property is 2737-283-00-009. For further information contact Suzanne Wolff,at the
Pitkin County Community Development Department(970)920-5093.
• Independence Land LLC (P014-06) (420 East Main Street, Suite#210,Aspen,CO
81611): Requesting 5,000 square feet of additional floor area in order to construct a
single family residence of up to 10,750 square feet of floor area. The property is located
at 41 Popcorn Lane and is described as a parcel of land located in the SWIM SWIA of
Section 28,Township 10 South,Range 84 West,of the 61h P.M. The State Parcel
Identification Number for this property is 2737-283-00-610. For further information,
contact Suzanne Wolff,at the Pitkin County Community Development Department(970)
920-5093.
• Popcornland LLC (P015-06) (1601 Arapahoe Street, Suite#700,Denver,CO 80202):
Requesting 2,500 square feet of additional floor area in the Rural Area in order to
construct a residence of up to 8,250 square feet of floor area. The property is located at
170 Popcorn Lane and is described as a parcel of land located in the SWIA SWIA of
Section 28,Township 10 South,Range 84 West,of the 6h P.M. The State Parcel
Identification Number for this property is 2737-283-00-019. For further information,
contact Suzanne Wolff,at the Pitkin County Community Development Department(970)
920-5093.
s/Peter Thomas, Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on February 26, 2006.
Pitkin County Account 002.02.
Public Private x
000081
r, {{ o 33
PITKIN COUNTrY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen,Colorado 81611
(970) 920-5526 FAX#(970)920-5439
January 25, 2006
Grafton Smith
0187 West Lupin Drive
Aspen, CO 81611
Re: Black Diamond Land Development Corp. GMQS Competition for Additional Floor Area in the
Rural Area (PID#2737-283-00-009; CASE # P013-06)
Dear Mr. Smith:
The Planning Office has completed its preliminary review of the captioned application. We have determined that
this application is complete. After a more detailed review of the submittal information, additional information
specific to the application may be requested in order to adequately review and process the application.
The planner in charge of the review will request the information from you directly.
We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission
on Tuesday,April 4,2006 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning
Commission, in the Plaza One Conference Room, 530 E. Main Street, Aspen, Colorado. Should this date be
inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available for you to pick up at the Community Development Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to
the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain
a copy of the public notice from our office) to all adjacent property owners and mineral estate owners at least 30
days prior to the hearing with the return address of the Community Development Department given above. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than
60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting&
Mailing as proof of compliance with the code at the hearing.
If you have any questions,please call Suzanne Wolff, the planner assigned to your case, at(970) 920-5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 4-90)
000082
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone(970)920-5526 FAX(970) 920-5439
MEMORANDUM
TO: Historic Preservation Officer
FROM: Suzanne Wolff, Community Development Department
RE: Black Diamond Land Development Corp. GMQS Competition for Additional Floor
Area in the Rural Area
(PID# 2737-283-00-009; CASE# P013-06)
DATE: January 25, 2006
Attached for your review and comments are materials for an application submitted by Black
Diamond Land Development Corp. The Pitkin County Planning and Zoning Commission will
review the application on Tuesday, April 4, 2006.
Please return your comments to me by Friday,February 17, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000083
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970)920-5526 FAX(970) 920-5439
MEMORANDUM
TO: Open Space&Trails
FROM: Suzanne Wolff, Community Development Department
RE: Black Diamond Land Development Corp. GMQS Competition for Additional Floor
Area in the Rural Area
(PID# 2737-283-00-009; CASE# P013-06)
DATE: January 25, 2006
Attached for your review and comments are materials for an application submitted by Black
Diamond Land Development Corp. The Pitkin County Planning and Zoning Commission will
review the application on Tuesday, April 4, 2006.
Please return your comments to me by Friday, February 17, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000084
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970)920-5526 FAX(970) 920-5439
MEMORANDUM
TO: East Aspen Caucus
FROM: Suzanne Wolff, Community Development Department
RE: Black Diamond Land Development Corp. GMQS Competition for Additional Floor
Area in the Rural Area
(PID# 2737-283-00-009; CASE# P013-06)
DATE: January 25, 2006
Attached for your review and comments are materials for an application submitted by Black
Diamond Land Development Corp. The Pitkin County Planning and Zoning Commission will
review the application on Tuesday, April 4, 2006.
Please return your comments to me by Friday, February 17, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000085
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970)920-5526 FAX(970) 920-5439
MEMORANDUM
TO: Aspen Fire
FROM: Suzanne Wolff, Community Development Department
RE: Black Diamond Land Development Corp. GMQS Competition for Additional Floor
Area in the Rural Area
(PID# 2737-283-00-009; CASE#P013-06)
DATE: January 25, 2006
Attached for your review and comments are materials for an application submitted by Black
Diamond Land Development Corp. The Pitkin County Planning and Zoning Commission will
review the application on Tuesday, April 4, 2006.
Please return your comments to me by Friday, February 17, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000096
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen,Colorado 81611
Phone(970) 920-5526 FAX(970) 920-5439
MEMORANDUM
TO: Pitkin County Engineer
FROM: Suzanne Wolff, Community Development Department
RE: Black Diamond Land Development Corp. GMQS Competition for Additional Floor
Area in the Rural Area
(PID# 2737-283-00-009; CASE# P013-06)
DATE: January 25, 2006
Attached for your review and comments are materials for an application submitted by Black
Diamond Land Development Corp. The Pitkin County Planning and Zoning Commission will
review the application on Tuesday, April 4, 2006.
Please return your comments to me by Friday, February 17, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
000087
COMMUNITY DEVELOPMENT DEPARTMENT I
130 South Galena Street i
Aspen, Colorado 81611
(970)920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Cod
174 Flat Fee _
162 Zoning and Sign
169 Public Notice 'i^ 3
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport Ii
LUC01 County Clerk
211 County Engineer
i 194 Environmental Health
208 Historic
198 Housing
190 Land Management {
209 Redstone HPC j
206 Wildlife Officer
Building Fees: j
170 Board of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit 1
130 Reinspection I
152 AVFD Fire Marshal
158 BFD Fire Marshal 1
Other Fees:
155 Use Tax
165 Copy 1
PZ005 Master Plan Copy
185 Park Dedication j
186 Parking Cash in Lieu
IS GIS Requirements {
161 Housing
Impact Fee �
B1202 Road Impact Fee
B1203 School Impact Fee
�y
TOTAL 7
NAME: }"Its _ (. :
ADDRESS/PROJECT:
PHONE:
CHECKk oOooU
CASE/PERMITt:
DATE: ': t' INITIAL: l
i
Aspen Mountain
Construction Management Plan
Three Year Plan
June 2003 to June 2006
Submitted by:
Aspen Skiing Company
P.O.Box 1248
Aspen, CO 81612
June 26, 2003
1
000089
Introduction
Aspen Skiing Company(ASC) submits for approval to the Board of County
Commissioners (BOCC)the renewal of a Tbree-Year Construction Management Plan for
Aspen Mountain. The previous CMP expired November, 2002.
The BOCC approved the 1977 Aspen Mountain Master Plan authorizing various
mountain maintenance activities and improvement projects with the condition that a CMP
be provided to manage the maintenance and construction traffic on roads accessing
Aspen Mountain. This three-year CMP provides updated information regarding:
1) Mountain Maintenance Crew access requirements,
2) A Development and Construction Schedule for projects anticipated during the 3-year
period
3) Specific Access and Traffic Control Management
4) Emergency Response Plan
In addition to this 3-year CMP, Pitkin County Community Development annually
receives a copy of the Aspen Mountain Summer Construction Plan submission to the
USFS. This document summarizes all summer construction activities. Also, Earthmoving
Permit applications are typically submitted annually for specific projects which include
construction management plans as well.
Lastly, we feel we have worked successfully during the past three years with Pitkin
County Community Development and the neighboring residential community to address
sensitive mountain access concerns—access which is critical to ASC maintenance and
construction crews. In addition, Aspen Skiing Company has made considerable
investments for Summer Road improvements for its own crews. We feel the entire
community also benefits from these improvements made to the County Road.
UGiJ0�O 2
Mountain Maintenance Activities
The CMP addresses anticipated normal levels of maintenance on Aspen Mountain.
Maintenance activities at the ski area generally have been, and are expected to be,
consistent from year to year. Although ASC considers the traffic created by these crews
to be incidental and necessary for the proper operation of a ski area, it is included in this
plan to provide a comprehensive assessment of construction traffic on Aspen Mountain.
ASC employs a variety of summer work crews during summer operational and non-
operational periods. Due to the limited seasonal access of terrain and roads, the majority
of all maintenance traffic created by these crews is generated in the months of June, July,
August and September. Summer work crews operate on a four-day workweek, Monday
through Thursday. Normal maintenance operations are directed from the Aspen Mountain
Administration Building.
For the past three years, all crews primarily access Aspen Mountain via Shadow
Mountain Road, leading from the top of Aspen Street, though the Shadow Mountain Base
Area to Summer Road. Brief descriptions of each crew and their anticipated vehicle
usage are listed below. In addition to those vehicles listed below, the General Manager.
the Summer Trails Manager and the Summer Project Coordinator each utilize a vehicle to
supervise crews and make site visits on the mountain.
SUMMER TRAILS CREW
The Summer Trails Crew is responsible for the maintenance of all ski trails. This includes
dead tree removal, erosion control and brushing. This crew uses Shadow Mountain Road
to Summer Road. The crew uses three to four trucks per day.
LIFT MAINTENANCE CREW
During non-operational periods this crew consists of ten to twelve people utilizing three
to four trucks, four days a week. The crew is responsible general lift maintenance and
repairs. During summer gondola operations an additional two person crew is required
Friday, Saturday and Sunday using one truck.
VEHICLE MAINTANCE CREW
This crew consists of two people, and provides maintenance for various vehicles. The
Vehicle Maintenance Facility(VMF) is located at the summit adjacent to 1&2 Leaf. The
crew has one truck and accesses the VMF via Summer Road. Occassionally large VMF
deliveries require use of Little Annie Road.
SNOWMAKING EOUIPMENT CREW
This crew normally operates with four to six people. They are involved with the repair
and construction of all snowmaking equipment, including line replacement, equipment
storage and maintenance. This crew also provides support for various infrastructure
repairs and improvements. The crew utilizes one or two trucks a day and base their
operation from the Snowmaking Control Building which is accessed from Summer Road.
3
000091,
Development and Construction Schedule
This schedule outlines Aspen Skiing Company's major construction projects for Aspen
Mountain for the three-year period from June 2003 to June 2006. The improvements
included in this schedule are those approved in the 1997 Aspen Mountain Master Plan
and successive Master Plan Amendments.
PROJECT SCHEDULE
Ajax Express (Lift#3) Rebuild June 2003 to November 2003
Sundeck Remodel August 2003 to December
2003
Snowmaking Pipe Replacement June 2003 to September 2005
Summer Road Grading June 2003 to July 2003
Gondola Cabin Replacement June 2004 to October 2004
Ski Patrol Building Construction April 2005 to December 2005
FIS Lift No. 6 Replacement June 2005 to October 2005
This schedule represents the anticipated development on Aspen Mountain over the next
three years. Unanticipated changes in market and business conditions may require that a
revised construction schedule be submitted.
In addition to this 3-year CMP, Pitkin County Community Development receives a copy
of the Aspen Mountain Summer Construction Plan submission to the USFS. Earthmoving
Permit applications are also typically submitted annually for specific projects which
include construction management plans as well.
Project Summary
Ajax Express (Lift#3) Rebuild
This project includes removing the old loading/unloading terminals and installing new
terminals. Tower line machinery will also be replaced. The existing tower tubes and
foundations will remain and the new line machinery will be installed on the existing
tower tubes.
000092 4
Occasional large truck traffic will be required on Little Annie Road. All other
construction traffic will utilize Summer Road. Helicopter activity will take place for 2
days and is addressed in the associated Earthmoving Permit.
Sundeck Remodel
The BOCC recently approved an Aspen Mountain Master Plan Amendment approving
the Sundeck Remodel. The project includes enloosing the restaurant's southwest deck and
remodeling the interior dining rooms.
Occasional large truck traffic will be required on Little Annie Road. All other
construction traffic will utilize Summer Road.
Snowmaking Pine Replacement
Snowmaking pipeline replacement has occurred each summer for the past few years. The
existing 25-year-old pipe is extremely corroded and is at risk of failing during the
snowmaking season. For projects on the upper portion of Aspen Mountain,pipe
deliveries will arrive via Little Annie Road. This activity will take place annually and
will be addressed in related earthmoving permit applications.
Gondola Cabin Replacement
The work will done at the summit Gondola Terminal and will include replacement of all
gondola cabins. This work is anticipated after the summer operating season. Interior
modifications to the top and bottom gondola terminals will also be required. Cabin
delivery to the summit will be via Little Annie Road and 30-40 semi loads will be
anticipated over during August and September.
New Ski Patrol Building and Freight Cabins
A 2,000 square foot ski patrol headquarters building will be built near the existing
building. ASC cannot accurately predict the schedule or workforce projections at this
time but will submit a separate construction management plan, developed in conjunction
with the General Contractor at the time of Building Permit applciation.
FIS Lift No. 6 Replacement
This lift will be replaced and relocated as outlined in the Aspen Mountain Master Plan.
The project will essentially be constructed in two phases. The first phase is expected to be
in completed in June, consists of demolishing the old towers and lifts and setting the new
foundations. An outside crew of six people will be required, with two Aspen Mountain
maintenance crew support personnel.
5
0U, U093
C�
Access and Traffic Control Plan
Aspen Mountain has three main access roads (refer to the attached Aspen Mountain
Vicinity Map) into the USFS Ski Area Permit Boundary. Each access road has separate
conditions and use limitations that affect its ability to be used for access for certain
construction projects. The complexity and size of a construction project, in conjunction
with the number of trips and size of vehicles required to complete a project, are all factors
in a plan that, out of necessity, create variations in the use of each road.
Summer Road
Summer Road will remain the primary access road for most minor construction projects
as well as equipment and facilities maintenance on Aspen Mountain. Unless deemed
unsafe ASC directs all personnel to access Summer Road via the Shadow Mountain Road
(Schuss Gully Road). Access via Schuss Gully Road is not intended for access by the
general public.
ASC employees do not access Summer Road via Original Street through the Aspen Alps
which is not capable of supporting heavy equipment traffic. This route is controlled by a
gate located at the base of the mountain adjacent to the Aspen Alps and remains the
primary General Public access.
Summer Road historically has been and is currently maintained, with prior approval by
Pitkin County,by ASC. It is normally plowed by the ASC and is open to the summit
starting around late May to early June, and remains open until around the end of October.
The County maintains the authority to open and close General Public access to Summer
Road.
Little Annie Road
Little Annie Road is not used as a primary access road for ASC maintenance and
construction activities. Little Annie Road is a Public road that passes through Rural and
Remote Zoning. All traffic control plans reflect the sensitive nature of this backcountry
road.
ASC continues to demonstrate, within each specific plan, a reasonable and practical effort
to control and mitigate the impacts of construction traffic on Little Annie Road. Access to
the summit of Aspen Mountain via Little Annie Road will follow the road to Little Annie
Basin, and then use a cut-off road to the upper portion of Midnite Mine Road to the
summit. Any reference to Little Annie Road in this document refers to this route. No
construction traffic will use the upper portion of Little Annie Road that follows
Richmond Ridge to the summit of Aspen Mountain.
Development will continue to be scheduled to avoid Little Annie Road use until natural
snowmelt has occurred. Larger projects that require an utmost utilization of the limited
building season are allowed exceptions when approved as part of a construction
management plan. An existing gate located at Little Annie Basin controls access.
000094 6
Midnight Mine Road
Midnight Mine Road is a County Road. The lower portion of this road is considered to be
the tertiary access road. Due to steep grades and hairpins curves,the lower portion of this
road is not considered safe for larger trucks. The road is acceptable for and will be used
by smaller construction vehicles. Limited use of this road will help keep this road clear as
an alternate route if the lower portion of Little Annie Road or Summer Road becomes
inaccessible.
Silver Queen Gondola
ASC will continue to provide access via the Silver Queen Gondola for employees and
contractors where practical. ASC has installed 4 freight carries on the gondola to haul
small equipment and supplies to the Aspen Mountain summit. This activity in intended to
incrementally reduces construction vehicle traffic on the access roads.
Traffic Control
The Traffic Control Plan in this section is intended to be a guideline for all construction
projects on Aspen Mountain. The primary concerns of the guidelines are safety of
construction personnel and the general public as well as traffic mitigation on Little Annie
Road. If a project has special conditions or specific requirements a separate Construction
Management and Traffic Control Plan (CMTCP) shall be submitted for approval. The
following guidelines have been implemented for the past 3 years and continue to be key
elements of this plan:
1. Larger projects shall require that a separate CMTCP be provided by the general
contractor and submitted by ASC to the Pitkin County Community Development and
the County Engineer.
2. Larger projects shall develop a plan that distributes and routes, within reasonable and
practical efforts, construction traffic through all roads.
3. The ASC shall provide transportation support for construction personnel via the
Gondola or vehicle shuttles when deemed appropriate for specific projects.
4. The limits for working hours of any project shall be Monday to Saturday 7:00 a.m. to
7:00 p.m., except for interior work. Requests for extended working hours will require
the approval of the Community Development Department.
5. Speed limits on all mountain roads shall be posted and strictly enforced. The posted
speed limits are as follows:
Summer Road: 10 mph
Little Annie Road 15 mph (outside of the Rural and Remote Zone)
Little Annie Road 10 mph(inside of the Rural and Remote Zone)
000095 7
Midnight Mine Road 15 mph
6. Larger projects shall require that the contractor establish vehicle size guidelines for
all mountain roads. Deliveries and vehicles not able to negotiate any of the access
roads shall stage loads at designated staging areas located either at Buttermilk
Mountain or at the Shadow Mountain Base Area.
7. Any planned road closures due to construction traffic shall be approved by the
County Engineer
8. Advance temporary traffic control signage shall be provided by the contractor and
shall follow local and state safety standards. All traffic control plans shall be
submitted to the County Engineer for review and approval
9. The ASC will provide barriers, fencing and/or flag personnel at hazardous areas and
at restricted areas to control recreational travel.
Transportation and Parking
Due to limited parking near the base of Aspen Mountain, ASC supports the use of
alternative transportation for its employees and contractors. ASC will assist any
contractor in providing information to its employees regarding HOV parking incentives
and mass transit. The Ruby Park Transit Center is located within a block from of the base
of Aspen Mountain providing excellent transit service for the entire Roaring Fork Valley.
The Rio Grande Parking structure also provides close access to the base of the site as well
as HOV incentive parking.
ASC has limited parking at the base of Aspen Mountain. The company controls two
parking lots at the Shadow Mountain Lift base facilities. There are a total of
approximately 30 parking spaces in both lots. Of these, there are approximately 20 spaces
available for daytime use by construction personnel. Additional parking can be
accommodated during summer operational and non-operational periods directly above
the base facilities. Under certain conditions ASC can provide a limited number of parking
spaces at The Little Nell Hotel. Out of necessity, trade and service vehicles shall park at
construction sites. The contractor shall take measures to limit parking at construction
sites to a minimum. For larger projects, a site parking and staging plan shall be submitted.
A staging area with limited parking is also available at the snowmaking control building.
Trade vehicles, service vehicles and certain heavy equipment traveling through the City
shall take routes to the site that travel outside the core downtown area. ASC shall
provide, if required for larger projects, transportation to the site for construction
personnel using alternate transportation or those traveling in non-essential vehicles. The
Gondola will be made available for construction personnel working on or near the
summit of Aspen Mountain. ASC will ensure no staging or access to the Gondola takes
place through the Aspen Alps Park, located between The Little Nell Hotel and the Aspen
Alps.
000096 8
Road Maintenance and Dust Control
ASC will maintain all access roads described in the Access and Traffic Control Plan.
Maintenance shall include keeping the road clear of construction debris and natural
objects. The ASC shall also provide dust control for construction traffic. Any
unanticipated improvements to the access roads will be reviewed and approved by the
County Engineering Department. The following shall be used as a guideline for
construction projects using the access roads on Aspen Mountain.
A complete Fugitive Dust Control Plan is also submitted with each Earthmoving Permit
application.
I. Dust control for Summer Road shall be mitigated by water as needed from the gate at
the Aspen Alps to the snowmaking control building.
2. Dust control for Little Annie Road shall be mitigated by water as needed to Little
Annie Basin gate.
3. Snowmelt on Little Annie Road shall be permitted to occur naturally unless a specific
request to plow is submitted and approved by the County.
4. Any debris tracked off the mountain onto City streets by vehicles accessing the site
will be cleaned by ASC or its contractors.
5. Grading of roads shall be provided only to maintain historical drainage and grades of
existing roads.
6. If, due to weather or road conditions, the use water for dust mitigation becomes
ineffective, or if the increased trips required to mitigate dust with water becomes
disputable,ASC requests that magnesium chloride be allowed as a dust control agent
for the above referenced areas. County approval is required prior to magnesium
chloride application.
9
CCOO 1
Emergency Response Plan
ASC currently has two emergency plans that are approved by the Pitkin County Sheriffs
Office. These plans have been developed to work with the Pitkin County Disaster Plan.
The Mountain Disaster Plan (Revised March 25, 1998) and Aspen Mountain Gondola
Evacuation Plan (1998) provide the framework for any large-scale medical emergency. In
addition, the annual Aspen Mountain Safety Plan will be distributed to all employees and
contractors.
During summer operations the ASC provides Summer Ranger Medical support. Fully
equipped and ttained personnel are available to respond to medical emergencies. ASC
will maintain this support during winter and summer operations for all major construction
projects.
Fire Protection
The Aspen Mountain Burning and Fire Suppression Plan is included in the annual Aspen
Mountain Summer Construction Plan. An Aspen Mountain Fire Response plan has also
been submitted with Pitkin County.
ASC will ensure contractor and sub- contractor takes appropriate measures to prevent
fires. Any welding or cutting in the field must be conducted in an area that is free of dried
grass or brush and that appropriate fire fighting tools are on the site and readily available.
(Fire extinguishers, Indian pumps, shovels and pulaskis). A Fire Truck is located at the
top of Aspen Mountain at the Vehicle Maintenance Facility.
If a fire breaks out the contractor must notify ASC personnel immediately either by radio
on designated channels or at 920-0723 and the Aspen Mountain Fire response plan will
be initiated.
Road closures -In the event of a road closure either by natural events or accident the
Area Manager shall be notified immediately. Aspen.Mountain Personnel contact
telephone numbers shall be posted at the job site. The Area Manager shall be responsible
for assessing the incident for further action and provide the overall direction and
communication.
The following telephone numbers shall be posted at all construction sites:
ASC ADMINISTRATION
Steve Sewell Mountain Manager 920-0732
Joyce Hardy Administrative Asst. 920-0751
ASC PATROL DISPATCH 925-8567
ASC SUMMER RANGERS
Jim Cerise 920-0723
000098 10
ASPEN/PITKIN COUNTY COMMUNICATIONS 920-5310
Pitkin County Public Works 920-5390
Pitkin County Engineer 920-5206
Emergency 911
The Mountain Manager or Summer Ranger on duty shall use the following guidelines for
communication of road closures.
1. The Area Manager shall be responsible for notifying the Sheriffs Office of any road
closures that require outside assistance or that cause more than one half-hour delay.
2. ASC shall work with the contractor to notify construction personnel of any road
closures.
3. Signs shall be posted as soon as possible indicating any closures.
4. The construction hot line shall be updated by the Area Manager and provide
information on location of closures, alternate routes and schedule for opening routes.
5. Pitkin County Public Works Department shall be notified of any significant road
closures.
11
000099
LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AFTER REVIEW RECORDED COPIES
AVAILABLE TO BUY AT
CLERK & RECORDER
\ IMPROVEMENT SURVEY
\ \ \
Black Diamond
Land Develo ment Co oration
l o
A Parcel situated in the SW 1/4, SW 1 /4 of Section 28, Township 10 South, Range 84 West of the z
tuate = PID# 2737283000(
LL
d \ \
\ - ; 6th Principal Meridian, Pitkin County, Colorado
7
R \ \ ONO
F e ) \ \ \\\•\ �a \.\�� RrrC xx \ Q i YI
r LEGAL DESCRIPTION: �y
\ \: OnA tract of land situated in the Southwest'/4 of the Southwest'/4 of Section 28, W N
\ \ ` Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Q G
1/1024 Corner Section 28, Colorado, more particularly described as follows: Z
C-W-SW 1 64 Corner Section 28, Found 1978 BLM Brass Cap': O Q a
!. .
Found 1978 BLM Brass Cap 5�.-Ij MW J
VICI111ty M8(D \ N88°37'41'E „"",,, -, Beginning at a point Whence the southwest Section Corner of Section 28 monumented
Scale: 1"=2000' S1/16 Corner Section 28, .-.-- "".. .. \' .._ - - ..." 16394 N
.,_... ..... o „
Found 1978 BLM Brass Cog_ ........... - "" _.. stance of 20 09 feet; hence?25 feet along he arc of a tangent' with a 1978 BLM
05°43'01"Wadi "'� Q
_ ..... � l�
curve to the right having a radius of 150.00 feet, an included angle of 26'49'55", and !� ~-I VrAI W
\ the chord bears N 07041'57" E a distance of 69.61 feet; thence N 21°06'54" E a v1 Z
\\ distance of 35.12 feet; thence S 89021'21" E a distance of 129.13 feet; thence N '-=t
00'30'38" E a distance of 199.93 feet; thence N 89058'37"W a distance of 613.14 feet Z
to a point on the east line of a tract of land described in a Deed at Reception#107531 W
>` in the Pitkin County Clerk and Recorder's Office; thence N 89058'37"W a distance of
R=15o.00 \\ +� 30.96 feet; thence 3.87 feet along the arc of a non tangent curve to the right having a Z
L=loesa radius of 100.00 feet, an included angle of 02°12'58", and the chord bears N 03°51'18" ^^ Q
Tan=57.00 E a distance of 3.87 feet; thence N 04°57'46" E a distance of 85.48 feet; thence 37.69 H
M
A=41°36'39^ ` .,.• feet along the arc of a tangent curve to the left havinga radius of 150.00 feet, an ;W
�18"ADS Culvert chord=106.56 _ ,•° included angle of 14'23'51g", and the chord bears N 02'14'09"W a distance of 37.59 �,■ 0)
R=75.00 Bearing S77'14'09"E
-
L-11a.aa % feet thence N 09°26'05"W a distance of 79 54 feet thence 4 75 feet along the arc of ; Q O
ran=72.13 R=35o.00 `' _ a tangent curve to the right having a radius of 75.00 feet, an included angle of l ; rn
L=115.55 _ l--I V
Ahord=1 S1" _ _ _ )\ , ,\ \ \ 3 3°3T15", and the chord bears N 07°3T12"W a distance of 4.75 feet; thence 114.88
U
Chord=103.98 Tan-58.31 ,s -a.,
A=1a°sa'sa" feet along the arc of a tangent curve to the right having a radius of 75.00 feet, an
Bearing=N36°04'36"E 15.00'Access antl - - -- ----------------------
Utility
/ Easement t
Chord=115.03 ( included angle of 87°45'51", and the chord bears N 38°04'36" E a distance of 103.98
/ ��\ Beadng-S65°s3'1a^E feet; thence 108.94 feet along the arc of a tangent curve to the right havinga radius of
18"ADSCulVert .;- 'bridge - m;� 150.00 feet, an included angle of 41 36'39", and the chord bears S 77°14'09" E a
/ 3 \ R 200.00 1° M \
>" L=32.s1 \ I distance of 106.56 feet; thence 115.55 feet along the arc of a tangent curve to the left
R=75.o0 Tan=ls.3a g," �" having a radius of 350.00 feet, an included angle of 18°54'58", and the chord bears S x>,,
L=a.75 m �� - A-9°20'31" R=70.00 N \" 65053'18" E a distance of 115.03 feet; thence S 75020'47" E a distance of 120.81 feet; �. a
Tan=2.38 N,\g �� `. s75 z'o Chord=32 57 L=46 90 thence 32.61 feet along the arc of a tangent curve to the right having a radius of A=3°3745" �Sss=� Found RPC may . 1 4jF Bearing=S70"40'31"E R=200.00 Tan=2437 >* \`�*
rzq �FN zp.a7 L=26.00 200.00 feet, an included angle of 09°20'31", and the chord bears S 70'40'31" E a
Bearing=N0 Ia3„ re . ' _� \� �;��� Tan=13.02 chard as o2 distance of 32.57 feet; thence S 66000'16" E a distance of 50.39 feet; thence 26.00
2 I
Bearing=N07°3T12"W 9j• N84°o9'o1°E °' =r
�� A -
�4s.o4� ° 10"ADS Culvert A-7'26'59" ° - _. feet alongthe arc of a tangent curve to the left having a radius of 200.00 feet, an
:�= Bearing=N53°4010 E m 9 9
o`; '•.m /,�q¢ da B�� ,p Chord=25.99 ,� o
I as / sso included angle of 07 26 59", and the chord bears S 69°43'45" E a distance of 25.99
N� I 1 •1 t46761Tt` 10"ADSCulvert 30 \ S OO ys^ Bearing=S69°43'45"E
/ 3o.1s' 03 F y1' � > feet; thence S 73°2T15" E a distance of 65.11 feet; thence 46.90 feet along the arc of
Accessory s e9 s a9- N�Z 5A." o anon tangent curve to the right having a radius of 70.00 feet, an included angle of €
+ rn 2 p esLa sapeWall 26 9 9 9 9
�' ry a l t=3.o m Bridge 38°23'09", and the chord bears N 53°40'10" E a distance of 46.02 feet; thence N
I Envelope F-215.00 .
1 m _ i5 E � ' 72051'45" E a distance of 26.54 feet to the intersection with the boundary of the White r€
sso oo'oo"E M ss 71' River National Forest, United States Department of Agriculture; thence along the m
g,;n 106.27' a 220.00 ,940� /15.00'Access! N 1 Z
R=150.00 1 on�ewsy ran-s s°o3'os° soo°o0'00° - boundary of the White River National Forest as shown in Plat Book 437 at Page 420 in o
Ch -19.C9 •` and Utility ! x
L 37 ss II W h Building Envelope ;o \ I 570°04 WE s.7 „ ,;`� Easement o' the Pitkin County Clerk and Recorder's Office for the following six (6) courses: � x
Tan=18.95 „' g cabers oa N 'o .- I V
A=14°23'51" lo,p w n o m - R=7o.00 N
_ - °,° Black (� I 5^ADs m 1. S 07°34'00" E a distance of 0.75 feet;
Chord-37.59 ! i m �s�°� $IF L 5309
Beanng=No2'14'o9'W I 2j,3 ';;•• a ' cmvsn ;- n-na32zroe l' - - - _ 2. thence S 11°04'00" E a distance of 106.22 feet;
1 Diamond ea g_ 1245 - 4 thence S 00 3558 W distance f 347 47 feet t 1/1024 f
ch« s1.e2 �� 3 thence N 89°00'00" E a distance of 24 98 feet; o
M 1`A1U N,'z= 1-10L ;ING S x 7X- I I Lotl9e I i' ence a is once o ee o a comer o said = r
Landscape woo w ;� Section 28 monumented with a 1978 BLM Brass Ca
I 8 a 1 I 24.98 . P; a
w 1 olg 30.00'Aceess 5. thence N 89020'18" E a distance of 494.36 feet to a C-S-SW 1/64 corner of said a o
io ` I - - w 8,- and Utility, �- w N89°�0'00"E `,� E
N v I I 1 Easement I`I I �. Section 28 monumented with a 1978 BLM Brass Cap; e
Building p � \ 6. the
S 00032 25' W a distance of 40.99 feet;
o I m N 15"ADS
Z �e:. -�e5°s'o9•w - Envelope I /I m `n
R=100.00 I D.t`p- 178.49' Dock N90°00'00"W J_ N81°24 Culvert .
e ° izaso - - . 43- I °°$ � thence N 89 59'45 W a distance of 650 99 feet along the north line of the Wight Tract w
L=3.87 i I •"� 17t2a' "I I _ _ I l ��; described at Reception #396645 in the Pitkin County Clerk and Recorder's Office to 0
Tan=1.93 f Set 15.00' Witness Corner I I �••"" - ; "` ,\ the point of beginning containing 173,507.78 square feet or 3.983 acres. o
A=2'12'58" --.-
N89'58'37"W 644.11' "` _
Chord=3.87
Beanng=NO3'51'18"E �3o 9s � 613.14' 9668
II
P �y.4 \ "\ \ .� /Found-t.'� C�1 �>...a. 1 luminum CapLS#28036,',
\ \ \ 55.00'Witness SURVEYOR'S CERTIFICATE: w
\- ` ' Corner I Michael J G b f I land licensed d the f th w
am a, a professional an surveyor Icense under a laws o e
P
state of Colorado, hereby certify that, subject to notes shown hereon, this
improvement survey plat Is true and correct to the best of my knowledge; is based
on a survey of the property described hereon performed in February and September
..... .. ....... ......... 9 10 C
159.70' WC, \ of 2005 was made under my directsupervision; conforms to all applicable state
p
2' W ' Found 1-1/2 laws as defined in Title 38, Articles 50, 51, and 53 Colorado Revised Statutes.
201 3 ALC LS20133
ALC L520 m_ 3� _
__ M LEGEND
Found
co
}o h v\
Ma I
ELM Brass Cap, as noted
O o M
• O Found Aluminum Cap, as noted
0 Set 1-1/2"Aluminum Cap PE&PLS 28036
I
no monument set
Set 16.00' Witness Corner Irrigation Valve
of River -
_ sas'2i'21^E _ Edge .
-- / 4(' 12s.13' Michael J. Gamba P.E. & L.S. 28036
Existing gravel drive
Inlet grate
R=1 sp n0 / t i F
L=70.25 15.00'Accessand ��-pp Fire hydrant C-S-SW 1 64
Tan=35.78 �� / j
A=26°49'55"
Utility Easement Corner Section 28,
Chord=69.61 b Inspection port Found 1978 BLM
Bearing=N0T41'57"E ,! 1/1024 Corner Section 28, Brass Cap E
m
Found 1978 ELM Brass Cap -
� I N89°20'18"E E
U,
a 50 0 50 100 150 I 494.36' 3 j
N C 7� N i gi
m V 6 (Jo, N
°toy 'I _
1 N89°59'45'W
m Z' GRAPHIC SCALE IN FEET ��
1 INCH= 50 FEET 650.99' !
,.• POB Set 15.08' Witness Corner NOTES:
1) The survey shown heron is not based on a commitment for title insurance.
yt : 2) The Boundary depicted hereon is based upon the following 1041 Review Site Plan and/or Lot Line
g Adjustment Plats:
Hearing !
Hearing Officer
Officer Determination recorded at Plat
CLERK & RECORDER ACCEPTANCE FOR Determination # Reception# Book& Pape Plat Reception #
SW Corner Section 28, ,,'
Found 1978 BLM Brass Cap RECORDING: 33-2002 472698 Book 65 Page 90 485373 !
This Improvement Survey has been accepted for filing in the office of 43 2004 501831 Book 70 Page 74 502142
the Clerk& Recorder of Pitkin County, Colorado, on this 14-2005 507293 Book 72 Page 30 507853
�SW Corner Section 28, 15-2003 482048
Found 1978 BLM Brass Cap
day of 200_. In Plat Book 48-2003 489837
14-2004 497905 Book 74 Page 65 512440
NOTICE: According to Colorado law you MUST commence any legal action
at Page as Reception No. i
based upon any defect in this survey within three years after you first discovered 3) The basis of bearing for this survey is based on the bearing of N 00044'48"E between the southwest corner
such defect. In no event, may an action based upon any defect in this survey be By: and the S1/16 comer of Section 28.
commenced more than ten years from the date of the certification shown hereon. Clerk&Recorder 4) Underground utilities including natural gas, electric and telephone exist within Popcorn Lane. !
zqS:3--z-S3-Cb- CdA P013-ca(D